RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003485


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the National Defense Service Medal
(NDSM), Vietnam Campaign Medal, Presidential Unit Citation, Meritorious
Unit Commendation, Army Valorous Unit Award, Republic of Vietnam Gallantry
Cross Unit Citation with Palm, Vietnam Civil Actions Honor Medal, and the
Vietnam Service Medal with two bronze service stars.

2.  The applicant states that the above awards were left off his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a copy of orders
awarding him the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 February 1966, the date of separation.  The application
submitted in this case is dated 28 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records show that the applicant enlisted in the in the Regular Army on
         6 February 1964.  He served in the Republic of Vietnam from 6
October 1965 through 29 January 1966.  While in Vietnam, the applicant was
assigned to Headquarters and Headquarters Company, 1st Battalion, 26th
Infantry, 1st Infantry Division.  The applicant had 1 year, 11 months, and
26 days of credible service at the time of separation.  The applicant was
honorably discharged on                 1 February 1966.

4.  Records show that the applicant was awarded the Purple Heart for wounds
sustained on 1 November 1965.


5.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between    1 January 1961 through 14 August 1974 inclusive.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through             28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Vietnam Campaign Medal.

7.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the applicant’s unit,
Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st
Infantry Division, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  However, there is no indication
that this unit was awarded a Presidential Unit Citation, Meritorious Unit
Commendation, or the Valorous Unit Award while he was assigned.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in two campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Vietnam Defense Campaign
and the Vietnam Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  Review of the applicant’s records confirms that he enlisted in the Army
on      6 February 1964 and was honorably discharged on 1 February 1966.
Based on the requirements for the award of the NDSM, the applicant is
entitled to this award.

2.  Records show that the applicant was assigned in Vietnam from
         16 October 1965 through 29 January 1966.  The applicant was
wounded in November 1965 and received the award of the Purple Heart.
However, there is no indication that the applicant was evacuated prior to
completing six months of service in Vietnam due to his sustained wounds.
Therefore, there is no basis to award the applicant the Vietnam Campaign
Medal.

3.  Evidence of record shows that the applicant was assigned to
Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st
Infantry Division during his tour in Vietnam.  The 1st Battalion, 26th
Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  However, the Battalion was not awarded the Presidential
Unit Citation, Meritorious Unit Citation, or the Army Valorous Unit Award
during the applicant’s tour.  Therefore, the applicant is not entitled to
the Presidential Unit Citation, Meritorious Unit Commendation, or the Army
Valorous Unit Award but, he is entitled to the award of the Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

4.  Additionally, evidence of record shows that the applicant participated
in two campaigns during his service in Vietnam.  Therefore, he is entitled
to correction of his records to show award of two bronze service stars to
be worn on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SK ___  ___MM__  __LD  ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing he is entitled
to the National Defense Service Medal, Republic of Vietnam Gallantry Cross
Unit Citation with Palm, Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and the Vietnam Service Medal with two bronze
service stars affixed.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
Vietnam Campaign Medal, President Unit Citation, Meritorious Unit
Commendation, and the Army Valorous Unit Award.




                            ______Stanley Kelley_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003485                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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