RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 December 2005
      DOCKET NUMBER:  AR20050004518


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard Sayre                 |     |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, award of the Special Forces Tab.  He
requests authorization to wear the Republic of Vietnam Paratrooper Badge,
the Republic of Vietnam Jump Status Badge, and an individual award of the
Republic of Vietnam Gallantry Cross with Palm.  He also requests, in
effect, two additional awards of the Meritorious Unit Commendation.

2.  The applicant states, in effect, he earned a "3" designation (prefix to
his specialty) while assigned to the 6th Special Forces Group at Fort
Bragg, North Carolina from December 1966 to August 1967; however, his
military records fail to show it.  He contends that he completed the
Special Forces Extension Course and completed only half of the Special
Forces Officer Course because his schooling was interrupted by orders to
Vietnam where he served for one year as an artillery fire direction
officer.  He points out that he was awarded the Republic of Vietnam
Paratrooper Badge, the Republic of Vietnam Jump Status Badge, and an
individual award of the Republic of Vietnam Gallantry Cross with Palm;
however, he has not been authorized to wear them.  He states that he is
entitled to two awards of the Meritorious Unit Commendation for service
with Battery B, 2nd Battalion, 13th Field Artillery from October 1967 to
February 1968 and during the 1968 Tet Offensive and one award of the
Meritorious Unit Commendation for service with Battery B, 3rd Battalion,
319th Field Artillery from March to September 1968.

3.  The applicant provides three applications; service personnel records; a
certificate titled "Jump Status;" a certificate titled "Paratrooper;" and a
certificate titled "Cross of Gallantry Vietnam."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 September 1968.  The applications submitted in this case are dated 22
March 2005 and 5 May 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 requested authorization to wear the Republic of Vietnam
Paratrooper Badge and the Republic of Vietnam Jump Status Badge.  There is
no evidence authorizing these badges to the applicant.  In the absence of a
proper award authority for these badges, the applicant may request
authorization from the Human Resources Command to wear these foreign
badges.  The applicant has been notified by separate correspondence of the
procedures for applying for these badges and, as a result, they will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted on 3 January 1966 for a period of 2 years.  He
completed Officer Candidate School and was honorably discharged on
7 November 1966 to accept a commission.  He was commissioned a second
lieutenant in the U.S. Army Reserve on 8 November 1966 and entered active
duty.  He was assigned to Company A, 6th Special Forces Group (Airborne) of
the 1st Special Forces at Fort Bragg, North Carolina from 19 December 1966
through 18 August 1967.  He arrived in Vietnam on 3 October 1967.  He
served as a field artillery unit commander assigned to Battery B, 2nd
Battalion, 13th Artillery in Vietnam from 15 October 1967 through 17
February 1968.  He was assigned to Battery B, 3rd Battalion, 319th
Artillery in Vietnam from 18 February 1968 through 11 September 1968.  On
13 September 1968, the applicant was released from active duty.

5.  The applicant's DD Form 214 (Report of Transfer or Discharge) for the
period 13 September 1968 shows the National Defense Service Medal, the
Vietnam Campaign Medal, the Vietnam Service Medal, and the Parachutist
Badge as authorized awards.

6.  There are no orders for the Special Forces Tab in the applicant's
service personnel records.  There is also no evidence the applicant met the
eligibility criteria for the Special Forces Tab.

7.  In support of his claim for an individual award of the Republic of
Vietnam Gallantry Cross with Palm, the applicant provided a certificate
titled, "Cross of Gallantry Vietnam" which states that the Vietnam Cross of
Gallantry was established by the Republic of Vietnam and awarded to all
military personnel for service between 1 March 1961 and 28 March 1973 per
Department of the Army General Order Number 8, dated 1974.

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 the applicant's unit (2nd
Battalion, 13th Artillery)
is entitled to one award of the Meritorious Unit Commendation for actions
during the period 1 January 1968 to 31 January 1969 by Department of the
Army General Orders Number 36, dated 1970.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit (3rd
Battalion, 319th Artillery) was not cited for award of the Meritorious Unit
Commendation while he was assigned to it.

10.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit
(2nd Battalion, 13th Artillery) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
(3rd Battalion, 319th Artillery) is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on Department of the
Army General Orders Number 43, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit
(3rd Battalion, 319th Artillery ) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 5, dated 1973.

13.  A DD Form 215 (Correction to DD Form 214), dated 18 November 2004,
amended the applicant's DD Form 214 for the period ending 13 September 1968
to show the Vietnam Service Medal with four bronze service stars, the
Bronze Star Medal, the Meritorious Unit Commendation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized
awards.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth the requirements for award of the Special Forces Tab.  The regulation
states, in pertinent part, the Special Forces Tab may be awarded to any
person in the Active Army or an active Reserve status who successfully
completes the Special Forces Qualification Course or the Special Forces
Officer Course.  The regulation also states that the Special Forces Tab may
be awarded to active Army personnel who successfully complete the Resident
Special Forces Qualification Course, the Special Forces Officer Course, or
the then approved program of instruction for special forces qualification
in Special Forces training groups, and who (officer personnel) were
subsequently awarded, by competent authority, special qualification
identifiers (SQI) 3, or Functional Area 18.

15.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of
foreign awards and decorations presented to individuals and units.  This
regulation, in pertinent part, governed award of the Republic of Vietnam
Gallantry Cross as a personal decoration.  This decoration is awarded to
personnel who have conducted themselves with heroic action and have
displayed deeds of valor while fighting the enemy.  The more gallant and
noteworthy the act, the higher the level of the award.  This decoration was
awarded in four degrees: with Palm, with Gold Star, with Silver Star and
with Bronze Star.  Approval to accept and to wear a personal award of the
Republic of Vietnam Gallantry Cross required approval by the Commanding
General of United States Army Vietnam.  As with all foreign awards, each
recipient of an approved foreign award was provided a copy of the original
citation from the foreign government, a translation of the citation if
necessary, and a letter authorizing the recipient to receive and wear the
decoration.

16.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions pertaining to the Special Forces Tab were
noted.  However, there are no orders for the Special Forces Tab and there
is no evidence that the applicant met the eligibility criteria for this
tab.  Therefore, there is insufficient evidence on which to base award of
the Special Forces Tab in this case.

2.  Evidence of record shows the applicant's unit (3rd Battalion, 319th
Artillery) received one award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation which is properly shown on his DD Form 215.  The
certificate titled "Cross of Gallantry Vietnam" provided by the applicant
is not a personal award of the Republic of Vietnam Gallantry Cross with
Palm.  A personal award of the Republic of Vietnam Gallantry Cross is
awarded for heroic action.  Department of the Army General Orders Number 8,
mentioned in this certificate, awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation to all units not previously awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
there is no basis for granting the applicant's request for authorization to
wear an individual award of the Republic of Vietnam Gallantry Cross with
Palm.

3.  Although the applicant contends that he is entitled to three awards of
the Meritorious Unit Commendation, evidence of record shows his unit (2nd
Battalion, 13th Artillery) received one award of the Meritorious Unit
Commendation while he was assigned to it.  This unit award is properly
reflected on his DD Form 215.   Department of the Army Pamphlet 672-3 does
not show that the 2nd Battalion, 13th Artillery was awarded a second award
of the Meritorious Unit Commendation or the 3rd Battalion, 319th Artillery
was awarded a first award of the Meritorious Unit Commendation while he was
assigned to these units.  Therefore, there is insufficient evidence on
which to base two additional awards of the Meritorious Unit Commendation in
this case.

4.  The applicant's DD Form 215 shows one award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  However, the
applicant's units were cited for two awards of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while he was assigned
to them.  Therefore, his military records should be corrected to show one
additional award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 September 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 12
September 1971.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

6.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  ML______  RS_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 September 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 12
September 1971.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded an additional award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.




            __John Meixell________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004518                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]