RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050004788


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olsen                |     |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, correction of his records to show
awards and his total military service.

2.  The applicant states he never served "stateside."  He continues that he
had 7 months training in the states prior to serving in Vietnam and that
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) incorrectly shows his service from 28 March 1967 through 23
February 1969 was a total of 18 months.

3.  The applicant provides a copy of his DD Form 214 in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 February 1969.  The application submitted in this case
is dated 18 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.  The applicant's records show that he enlisted in the Regular Army on
28 March 1967.  He completed basic training and advanced individual
training and was awarded the military occupational specialty (MOS) 11B110
(Rifleman).  Records show the applicant was separated on 23 February 1969.

4.  The applicant's DD Form 214 shows in item 23a(1) (Net Service This
Period) the entry "1 [Year] 8 [Months] 2 [Days].”

5.  Records show the applicant was assigned to Company D, 1st Battalion,
27th Infantry, of the 25th Infantry Division, in Vietnam, during the period
3 December 1967 through 19 January 1969.

6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded the National Defense Service Medal and the Combat
Infantryman Badge.

7.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant 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.

9.   Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for 1 or more days with an
organization participating in or directly supporting military operations.

11.  The applicant's records show he participated in the Vietnam
Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the
Vietnam Counteroffensive Phase VI.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign and that a
silver service star is authorized in lieu of five bronze service stars.






13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal.  This medal was awarded by
the Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to awards earned doing his
Vietnam service, which are not shown, on his DD Form 214.

2.  General Orders show the applicant was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to correction of his records to show these foreign awards.

3.  Evidence of record shows the applicant served a qualifying period of
service for award of the Vietnam Service Medal.  Additionally, records show
the applicant participated in five campaigns while serving in Vietnam.
Therefore, he is entitled to correction of his records to show award of the
Vietnam Service Medal with one silver service star.

4.  Evidence of record also shows the applicant served a qualifying period
of service for award of the Vietnam Campaign Medal.  Therefore, he is
entitled to correction of his records to show this award.

5.  The applicant contends his DD Form 214 incorrectly shows his total net
service.  Based on the fact the applicant entered active duty on 28 March
1967 and remained on active duty until he separated on 23 February 1969,
the applicant's net service should be corrected to show 1 year, 10 months
and 25 days.





BOARD VOTE:

_JTM____  _WDP___  __LJO__  GRANT FULL 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:

      a.  showing award of the Republic of Vietnam Civil Actions Honor
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Vietnam Service Medal with one silver star, and the Vietnam Campaign Medal;
and


      b. by amending item 23a(1) of the individual's concerned DD Form 214
to show the entry "1 [Year] 10 [Months] 25 [Days].”






                                ___William D. Powers___
                                       CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004788                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/21                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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