RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 November 2005
      DOCKET NUMBER:  AR20050003693


      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             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard Jr.          |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in two separate DD Forms 149, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) to show award of the Combat Infantryman Badge, the Parachutist
Badge, and the Driver Badge.  In addition, he requests correction of Item
3 (Social Security Number) (SSN) of the form to show XXX-XX-XX93, instead
of XXX-XX-XX98, which is currently shown.

2.  The applicant states that he is requesting compensation from the
Department of Veterans Affairs, based on his combat experiences, and
desires that his records be corrected in order to validate his combat
experience.  He also states that the SSN currently shown on his DD Form 214
is incorrect.

3.  The applicant provides copies of: his Social Security Card; his DD Form
214; and his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 April 1969.  The applications submitted in this case are
dated 10 March and 15 May 2005.  However, information available in the
Board files indicates the initial application was received on 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 limitation 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.  The applicant’s military records show he enlisted in the Regular Army
on 12 January 1966 and completed training in Military Occupational
Specialty 11B10 (Light Weapons Infantryman).  He then attended, and
successfully completed, airborne training at Fort Benning, Georgia prior to
being assigned to Vietnam, where he served as a Rifleman in Headquarters
and Headquarters Company, 1st Brigade, 101st Airborne Division from 31 July
1966 to 9 July 1967.  His records also show that he served an additional 2
to 4 months in Vietnam, the exact dates and unit(s) of which are unclear.
The applicant later served at Homestead Air Force Base where he was
honorably separated from active duty in pay grade E-1 on 16 April 1969.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; and the Republic of Vietnam
Campaign Medal with Device (1960).  No other awards or decorations are
listed.

5.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders
Number 88, dated 28 March 1967, announced award of the Combat Infantryman
Badge to the applicant.

6.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders
Number 116, dated 25 April 1967, announced award of the Driver Badge to the
applicant.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
was awarded the Parachutist Badge by Headquarters, United States Army
Infantry Center Special Orders Number 143, dated 22 June 1966.

8.  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 unit, to which the
applicant was assigned, was cited for award of the Meritorious Unit
Commendation by Department of the Army General Orders Number 1, dated 1969,
which amended Department of the Army General Orders Number 17, dated 1968.
This document also shows the unit was cited for award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for the period 9 December
1966 to 18 January 1967 by Department of the Army General Orders Number 21,
dated 1969.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each of
the following Vietnam campaigns: Vietnam Counteroffensive Phase II and
Vietnam Counteroffensive Phase III campaigns.

10.  Review of the applicant’s military personnel records shows that, in
those records where a SSN is shown, the number XXX-XX-XX93 appears in all
instances.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders show the applicant is entitled to the Combat Infantryman
Badge.  Therefore, he is entitled to correction of his records to show this
combat badge.

2.  Special Orders show the applicant is entitled to the Driver Badge.
Therefore, he is entitled to correction of his records to show this special
skill badge.

3.  Special Orders show the applicant is entitled to the Parachutist Badge.
 Therefore, he is entitled to correction of his records to show this
special skill badge.

4.  General Orders show the applicant is entitled to the Meritorious Unit
Commendation.  Therefore, he is entitled to correction of his records to
show this unit award.

5.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this foreign unit award.

6.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in two campaigns.  As a result, he is
entitled to award of two bronze service stars, to be affixed to the Vietnam
Service Medal, and correction of his records to show these appurtenances.

7.  It is apparent that a typographical error was made when entering the
applicant’s SSN on his DD Form 214 dated 16 April 1969.  Therefore, he is
entitled to correction of Item 3 of the form to show XXX-XX-XX93.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___cd ___  ____ji___  ___tdh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a. showing award of the Combat Infantryman Badge;


      b. showing award of the Driver Badge;


      c. showing award of the Parachutist Badge;


      d. showing award of the Meritorious Unit Commendation;


      e. showing award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm;


      f. showing award of two bronze service stars, to be affixed to the
Vietnam Service Medal; and


      g. correcting Item 3 of the individual’s DD Form 214 dated 16 April
1969, to read XXX-XX-XX93.




            _________Thomas D. Howard Jr.______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003693                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | GRANT                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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