RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              12 JANUARY 2006
      DOCKET NUMBER:         AR20050004688


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 records be corrected to reflect his
awards of the Vietnam Service Medal (VSM) with three or four bronze service
stars, the Army Commendation Medal (ARCOM), the Republic of Vietnam
Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of
Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation,
the Presidential Unit Citation (PUC), the Meritorious Unit Commendation
(MUC), the Valorous Unit Award (VUA), the Sharpshooter Marksmanship Badge
with M-14 Rifle Bar, the Expert Marksmanship Badge with M-16 Rifle Bar, and
the 1st Class Grenadier qualification.

2.  The applicant states, in effect, that his report of separation (DD Form
214) was not properly prepared at the time of his release from active duty
(REFRAD) to reflect all of his authorized awards.

3.  The applicant provides a copy of his DD Form 214, a copy of orders
awarding him the ARCOM, the Sharpshooter Marksmanship Badge with Rifle Bar,
the Expert Marksmanship Badge with Rifle Bar, and the First Class Grenadier
qualification.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 31 August 1967.  The application submitted in this case is dated 21
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 Atlanta, Georgia, on 24 September 1965.  He
completed his basic combat training at Fort Jackson, South Carolina, and
his advanced individual training (AIT) at Fort Gordon, Georgia.

4.  Upon completion of his AIT he was transferred to Fort Bragg, North
Carolina, where he was assigned to Headquarters Company, 14th Engineer
Battalion (combat), for duty as a switchboard operator.
5.  On 28 September 1966, he was transferred to Vietnam with his unit and
served there until 31 August 1967, when he was transferred to Fort Lewis,
Washington and was honorably REFRAD as an overseas returnee.  He had served
1 year, 11 months, and 7 days of total active service.  His DD Form 214
shows that he was awarded the National Defense Service Medal, the Good
Conduct Medal, the VSM, the Republic of Vietnam Campaign Medal, and two
overseas service bars.

6.  On 16 September 1967, orders were published which awarded the applicant
the ARCOM for the period of 25 October 1966 to 25 August 1967.

7.  Department of the 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 subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) for the
period he served with the unit.  Additionally, the applicant participated
in two campaigns while assigned to Vietnam and thus is entitled to be
awarded two bronze service stars for wear on his already awarded VSM.  The
applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor
Medal – First Class (RVNCAHM-FC) Unit Citation.  However, it was for the
period of 3 May 1970 to 30 April 1971, well after the period he served with
the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM, the Expert Marksmanship Badge with
rifle bar, the Sharpshooter Marksmanship Badge with rifle bar, and he
attained First Class Grenadier qualification.  Accordingly, his records
should be corrected to reflect those awards.

2.  The applicant also participated in two campaigns while in Vietnam and
is entitled to be awarded two bronze service stars for wear on his already
awarded VSM.  Additionally, his unit was awarded the RVNGC w/Palm Unit
Citation and the MUC.  Accordingly, he should be awarded those awards and
his records should be corrected accordingly.

3.  The applicant’s contention that he should be awarded the PUC, the VUA
and the RVNCAHM-FC Unit Citation has been noted and found to be without
merit.  There is no evidence that the applicant’s unit received such awards
while he served with the unit.  Accordingly, there appears to be no basis
to grant that portion of his request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

____LS__  ____RB _  ____RN _  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 that he was
awarded the ARCOM, the Expert Marksmanship Badge with rifle bar, the
Sharpshooter Marksmanship Badge with rifle bar, the first class grenadier
qualification and by awarding him the RVNGC w/Palm Unit Citation, the MUC,
and two bronze service stars for wear on his already awarded VSM.

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
award of the RVNCAHM-FC Unit Citation, the PUC, and bronze service stars in
excess of two.




            ____Linda Simmons__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004688                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19670931                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, Sec VII, SPN 411      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/DEC/AWDS                             |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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