RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:                              22 DEC 2005
      DOCKET NUMBER:         AR20050004127


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 that his report of separation (DD Form 214) be
corrected to reflect his awards of the Republic of Vietnam Gallantry Cross
with Palm (RVNGC w/Palm) Unit Citation, three bronze service stars for wear
on his already awarded Vietnam Service Medal (VSM), and his completion of
Phases I and II of the Noncommissioned Officer Candidate Course in 1969.

2.  The applicant states, in effect, that he is entitled to awards of the
RVNGC w/Palm Unit Citation and three bronze service stars for wear on his
VSM to be reflected on his DD Form 214 and to have his completion of the
Noncommissioned Officer Candidate Course Phase I and II added as well.

3.  The applicant provides a copy of his DD Form 214, a letter from the
National Personnel Records Center (NPRC) showing his authorization for
awards, a copy of his enlisted qualification record (DA Form 20), and
copies of his completion certificates for the Noncommissioned Officer
Candidate Course in September and December 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1971.  The application submitted in this case is
dated 14 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 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.  He was inducted in Chicago, Illinois, on 22 January 1969.  He completed
his basic combat training at Fort Bragg, North Carolina and his advanced
individual training (AIT) as a light weapons infantryman at Fort Dix, New
Jersey.  Upon completion of his AIT he was transferred to Fort Benning,
Georgia, on 30 June 1969, to attend the Noncommissioned Officer Candidate
Course.  He successfully completed Phase I of the course on 23 September
1969 and was promoted to the rank of sergeant on the same date.

4.  He was then transferred to Fort Polk, Louisiana, on 25 September 1969,
to undergo Phase II of the course.  He completed Phase II on 5 December
1969 and was transferred to Vietnam on 14 January 1970.

5.  He was assigned to Company C, 2nd Battalion, 47th Infantry Regiment,
for duty as a squad leader/light weapons infantryman.  He remained in
Vietnam until 18 September 1970, when he returned to the United States on
emergency leave, due to the illness of his mother.

6.  While on emergency leave he applied for and received a compassionate
reassignment to Fort Sheridan, Illinois, where he remained until he was
honorably released from active duty (REFRAD) on 21 January 1971.  He was
awarded the National Defense Service Medal, the Good Conduct Medal, the
Vietnam Service Medal (VSM), the Army Commendation Medal, the Republic of
Vietnam Campaign Medal, the Valorous Unit Award, and the Combat Infantryman
Badge.  His DD Form 214 shows that he completed the Light Weapons Infantry
School at Fort Dix, New Jersey.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Valorous Unit Award (VUA) during the
period he was assigned to the unit.  Additionally, he participated in three
campaigns while assigned to Vietnam and thus is entitled to be awarded
three bronze service stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was awarded the RVNGC w/Palm Unit Citation and he
participated in three campaigns while in Vietnam.  Accordingly, his records
should be corrected to reflect that he was awarded the RVNGHC w/Palm Unit
Citation and three bronze service stars for wear on his already awarded
VSM.

2.  The applicant also completed the Noncommissioned Officer Candidate
Course – Phase I at Fort Benning, Georgia and the Noncommissioned Officer
Candidate Course – Phase II at Fort Polk, Louisiana.  Accordingly, those
courses should also be entered on his DD Form 214 as well.
BOARD VOTE:

___TK___  ___RD__  ___JM___  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 showing that he was awarded the RVNGC
w/Palm Unit Citation, three bronze service stars for wear on his already
awarded VSM, and that he completed the Noncommissioned Officer Candidate
Course – Phase I at Fort Benning, Georgia, and the Noncommissioned Officer
Candidate Course – Phase II at Fort Polk, Louisiana.





            _____Ted Kanamine_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004127                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710121                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 201. . . . .            |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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