RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050003791


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr.  Larry J. Olson               |     |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 effect, that a correction be made to Item 3
(Social Security Number (SSN) and Item 22(c) (Foreign Service) of his
separation document (DD Form 214).

2.  The applicant states, in effect, that his Social Security Number (SSN)
is incorrect as it appears on his separation document.  He also claims that
he served in the Republic of Vietnam (RVN) from 19 December 1970 through
23 September 1971, which is not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and Headquarters 23rd
Infantry Division Special Orders (SO) Number (#) 258, dated 15 September
1971, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
23 September 1971.  The application submitted in this case is dated 4 March
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.  Based on an earlier application to the Board, the applicant’s SSN was
administratively corrected.  A correction to his DD Form 214 (DD Form 215)
was published with an SSN correction on 3 January 2005.  Therefore, the
applicant’s SSN correction request will not be addressed further in this
Record of Proceedings.

4.  The applicant’s military records show he entered active duty on 31
October 1969.  He was trained in, awarded and served in military
occupational specialty (MOS) 11D (Armored Reconnaissance Infantryman).

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
Headquarters, 23rd Infantry Division SO #258, dated 15 September 1971,
which directed the applicant's reassignment from the RVN to the United
States Army Transfer Station, Fort Lewis, Washington, on 22 September 1971.
 These orders show that he originally departed the United States on 18
December 1970 and indicate that while he was assigned to the RVN, he served
with H Troop,
17th Cavalry Regiment.

6.  On 23 September 1971, the applicant was honorably separated from active
duty by reason of "overseas returnee."  The separation document he was
issued shows he completed 1 year, 10 months, and 23 days of active duty
service.  The DD Form 214 contains the entry "none" in Item 22(c).  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Awarded
or Authorized) shows he earned the National Defense Service Medal (NDSM)
during his tenure on active duty.  Item 30 (Remarks) shows he was separated
from the service with temporary records and that his RVN service was not
available at the time.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 provides
for the award of the Vietnam Service Medal (VSM) and it states, in
pertinent part, that it is awarded to all members of the Armed Forces of
the United States serving in RVN after 3 July 1965 through 28 March 1973,
for 1 or more days.  A bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.  Table B-1 contains a list of campaigns and it shows that
during the applicant’s tenure of assignment in the RVN, campaign credit was
authorized for the Vietnam Counteroffensive Phase VII and Consolidation I
campaigns.

8.  Paragraph 9-19 of the awards regulation contains guidance on award of
the Republic of Vietnam Campaign Medal with Device (1960).  It states, in
pertinent part, that this award is authorized for members who served in the
RVN for
6 months or more during the period 1 March 1961 through 28 March 1973.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during the
applicant's tenure of assignment in the RVN, his unit H Troop, 17th Cavalry
Regiment, received the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document does not show
the foreign service he completed in the RVN has been carefully considered
and found to have merit.

2.  The evidence of record confirms the applicant served in the RVN from
18 December 1970 through 22 September 1971, as evidenced by Headquarters,
23rd Infantry Division SO# 258, dated 15 September 1971.  These orders
corroborate the applicant's claim that his separation document fails to
show his foreign service performed in the RVN.  Therefore, Item 22(c) of
his separation document should be corrected to show he completed 9 months
and 4 days of foreign service.

3.  The evidence of record also confirms that based on his RVN service and
campaign participation, the applicant is entitled to the VSM with 2 bronze
service stars, RVN Campaign Medal with 1960 Device, and RVN Gallantry Cross
with Palm Unit Citation.  As a result, these awards should be added to his
record and separation document at this time.

BOARD VOTE:

___JNS _  ___PHM _  ___LJO _  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 amending Item 22(c) of his 23
September 1971
DD Form 214 by deleting the current entry and replacing it with the entry
“00  09  04” and by adding the Vietnam Service Medal with 2 bronze service
stars, Republic of Vietnam Campaign Medal with Device 1960, and Republic of
Vietnam Gallantry Cross with Palm Unit Citation to Item 24; and by issuing
him a correction to his separation document to reflect these changes.




            ____John N. Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003791                           |
|SUFFIX                  |                                        |
|RECON                   |AN                                      |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/09/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |120.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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