RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        January 10, 2006
      DOCKET NUMBER:  AR20050005559


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in a question, that he be awarded
the Army Reserve Components Overseas Training Ribbon.

2.  The applicant essentially made no statement other than what is stated
above.

3.  The applicant submitted a copy of his Form 214, Armed Forces of the
United States, Report of Transfer or Discharge, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 20 August 1973, the date of his release from
active duty.  The application submitted in this case is dated 4 April 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’s military records show that he enlisted in the Regular
Army and served on active duty in that status for the period from 18 June
1965 through
15 May 1967.  The applicant attended officer candidate school and was
commissioned in the U.S. Army Reserve as a field artillery second
lieutenant.

4.  The applicant served in Vietnam from 10 August 1968 through 27 June
1969 and from 2 September 1971 through 19 April 1972.

5.  The applicant was honorably released from active duty, on 20 August
1973, under the provisions of Army Regulation (AR) 635-100, Chapter 3,
Paragraph    3-58B, Section XV, reduction in strength.  He was separated in
the rank and pay grade of captain, 0-3. On the date he was released from
active duty, he had completed 6 years, 3 months, and 5 days commissioned
officer service and        1 year, 10 months, and 28 days enlisted service.




6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214,
shows he was awarded the following awards: the Distinguished Flying Cross;
the Bronze Star Medal; the Army Commendation Medal, with oak leaf cluster;
the Air Medal (1 through 18th Awards); the Vietnam Service Medal, with one
silver service star; the Republic of Vietnam Campaign Medal; and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Army
Aviator Badge, and three overseas service bars.  The Army Reserve
Components Overseas Training Ribbon is not shown on the applicant’s DD Form
214.

7.  On 29 October 1974, the applicant’s DD Form 214 was corrected to show
he had been awarded the Bronze Star Medal, with first oak leaf cluster, as
opposed to only the Bronze Star Medal.  This correction was made on a DD
Form 215 prepared by the Office of The Adjutant General.

8.  The applicant’s DD Form 214 shows his entitlement to the Vietnam
Service Medal, with one silver service star; however, it does not show the
correct number and type of service stars to which the applicant is entitled
based upon his campaign participation credit.

9.  While in Vietnam, the applicant participated in the following four
campaigns
during his first tour of duty in Vietnam: the Vietnam Counteroffensive,
Phase V,
which extended from 1 July through 1 November 1968; the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through
22 February 1969; the Tet 69 Counteroffensive, which extended from 23
February through 8 June 1969; and the Vietnam Summer-Fall 1969, which
extended from 9 June through 31 October 1969.

10.  During his second tour of duty in Vietnam, the applicant participated
in
the following three campaigns: the Consolidation I, which extended from 1
July
through 30 November 1971; the Consolidation II, which extended from 1
December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which
extended from 30 March 1972 through 28 January 1973.

11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, the 4th Aviation Battalion, was awarded the
Republic of Vietnam


Gallantry Cross, with Palm, Unit Citation, for the period October 1966
through
28 July 1969, by Department of the Army General Order (DAGO) Number 3,
dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First
Class,
Unit Citation, for the period 1 October 1966 through 31 October 1969, by
DAGO
53, dated 1970.

12.  Army Regulation 600-8-22, in pertinent part, provides for award of the
Army Reserve Components Overseas Training Ribbon.  This award was
established on 11 July 1984. The Army Reserve Components Overseas Training
Ribbon could be awarded retroactively to personnel who successfully
completed annual training or active duty for training on foreign soil in a
Reserve status prior to 11 July 1984, provided they had an active status on
or after 11 July 1984.  This award is awarded to members of the Reserve
Components of the Army, (Army National Guard and U.S. Army Reserve), for
successful completion of annual training or active duty for training for a
period not less than 10 consecutive duty days on foreign soil.  Numerals
will be used to denote second and subsequent awards of the Army Reserve
Components Overseas Training Ribbon.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
National
Defense Service Medal is awarded for honorable active service for any
period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August

1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a
date to be determined.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal. The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

15.  DA Pamphlet 672-3, also shows that the unit the applicant was assigned

to during his second tour in Vietnam, the 52nd Aviation Battalion, was
awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period
1 October 1970 through 31 August 1969, by Department of the Army General
Order (DAGO) Number 3, dated 1972; and the Republic of Vietnam Civil
Actions
Honor Medal, First Class, Unit Citation, for the period 1 August through
30 November 1971, by DAGO 32, dated 1973.



16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation. This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross. Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received. In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

DISCUSSION AND CONCLUSIONS:

1.  The Army Reserve Components Overseas Training Ribbon is awarded to
members of the Army Reserve and the Army National Guard who are ordered to
active duty for training and who successfully complete their annual
training (AT) or active duty for training (ADT) for a period not less than
10 consecutive duty days on foreign soil.

2.  The applicant was an officer on active duty as opposed to an officer on
active duty for training. Therefore, he is not eligible for award of the
Army Reserve Components Overseas Training Ribbon and to have it added to
his DD Form 214.

3.  The applicant served honorably on active duty during one of the periods
during which the National Defense Service Medal was awarded Soldiers on
active duty.  The applicant served during such a period, from 1 January
1961 through 14 August 1974, and is therefore entitled to award of the
National Defense Service Medal and to have it added to his DD Form 214.

4.  The applicant served in seven campaigns while he served in Vietnam. The
applicant was awarded the Vietnam Service Medal, with one silver service
star. The applicant was entitled to award of the Vietnam Service Medal,
with one silver service star and two bronze service stars to correctly
denote his actual campaign participation credit.

5.  The applicant served in units, at the time they were awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards);
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation (two awards).  He is entitled to these unit awards and to have
them added to his DD Form 214.

6.  Evidence shows that the applicant’s records contain 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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 August 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 August 1976.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW__  _QAS___  __DED __  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant’s failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual
concerned.
3.  The Board determined that administrative error in the records of the
individual should be corrected. Therefore, the Board requests that the CMSD-
St. Louis administratively correct the records of the individual concerned
by:

      a.  deleting the Vietnam Service Medal with one silver service star
from the applicant’s DD Form 214;

      b. awarding the applicant the Vietnam Service Medal, with one silver
service star and two bronze service stars to correctly denote his campaign
participation credit and, adding this award to his DD Form 214;

      c.  awarding the applicant the National Defense Service Medal and
adding this award to his DD Form 214; and

      d.  correcting the applicant’s DD Form 214 to show he served in units
that were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation (two awards), and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation (two awards).




                                  ___Kenneth L. Wright_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/with note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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