RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006343


      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             |
|     |M. Joyce A. Wright                |     |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 correction of his DD Form 214 (Report of
Separation from Active Duty) to show that he was awarded the Valorous Unit
Award (VUA) and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.

2.  The applicant states that the VUA and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation do not appear on his DD Form
214.

3.  In an additional statement, he states that there also was an award for
the Army Commendation Medal (ARCOM), second award (known as the ARCOM 1st
Oak Leaf Cluster) which should be in his records.  This award was issued by
Headquarters, 197th Light Infantry Brigade, for meritorious service, while
assigned to the 2nd Battalion, 58th Infantry, at Fort Benning, Georgia.  He
also states that he has no idea how to obtain a copy of an order published
by that command so many years ago which would have occurred sometime in
July through November 1970.

4.  The applicant provides a copy of his DD Form 214 and a copy of
Department of the Army General Orders (DAGO) Number 17, dated 23 April 1968
and DAGO Number 53, dated 22 October 1970, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 April 1974, the date he was placed on the Retired List.  The
application submitted in this case is dated 14 February 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 military records show he entered active duty (AD) on
26 January 1954.  He served in Vietnam from 25 June 1965 to 28 May 1966,
from 25 November 1967 to 14 November 1968, and from 28 September 1970 to
9 March 1971.  He was promoted to staff sergeant (SSG/E-6) on 19 February
1969.  He continued to serve until he was released from AD effective
19 April 1974 and was placed on the Retired List, by reason of physical
disability, effective 20 April 1974, in the rank of SSG.

4.  The applicant’s DD Form 214 shows he was awarded the National Defense
Service Medal, 1st Oak Leaf Cluster; the Army of Occupation Medal, with
Germany Clasp; the Expert Infantryman Badge; the Combat Infantryman Badge;
the Vietnam Service Medal; the Vietnam Campaign Medal; the Driver and
Mechanic Badge; the ARCOM; the Bronze Star Medal, with "V" Device; the
Purple Heart; the Good Conduct Medal (6th Award); the Expert Marksmanship
Qualification Badge, with rifle bar; and the Republic of Vietnam Gallantry
Cross, with Palm Unit Citation.  His DD Form 214 does not show the VUA, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or
any additional awards of the ARCOM.

5.  There is no indication in the applicant's service personnel records to
show he was considered or recommended for or awarded the ARCOM for service
while assigned to the 2nd Battalion, 58th Infantry, which would have been
published by Headquarters, 197th Light Infantry Brigade, at Fort Benning,
Georgia.

6.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
was cited for award of the Valorous Unit Award by DAGO Number 17, dated
1968, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation by DAGO Number 53, dated 1970, while he was assigned to the
unit.  The applicant provided a copy of these orders to support his
request.

7.  The applicant requested correction of his records to show award of the
ARCOM.  Section 1130, Title 10, United States Code provides that the
Service concerned will review a proposal for the award of, or upgrading of,
a decoration that would not otherwise be authorized to be awarded based
upon time limitations previously established by law.  Requests for
consideration of awards should be supported by sworn affidavits, eyewitness
statements, certificates and related documents.  Corroborating evidence is
best provided by commanders, leaders, and fellow comrades who had personal
knowledge of the circumstances





and events relative to the request.  A request for award not previously
submitted in a timely fashion will only be considered under this provision
if the request has been referred to the Service Secretary from a Member of
Congress.  The applicant has been notified by separate correspondence of
the procedure for applying for award of the Army Commendation Medal under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

8.  Army Regulation 600-8-22 shows that while the applicant was assigned to
Vietnam he participated in eight campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
participation in each campaign.  A silver service star is authorized in
lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for award of the Valorous Unit Award and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was a member of the unit.  Therefore, he is entitled to correction
of his records to show these unit awards.

2.  The applicant participated in eight campaigns and is entitled to one
silver service star and three bronze service stars to be affixed to the
already-awarded Vietnam Service Medal.

BOARD VOTE:

__KLW__  __DED___  _QAS__  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 showing that he is entitled to the
Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and the Vietnam Service Medal with one silver
and three bronze service stars.




                                  ___Kenneth L. Wright_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006343                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |19740419                                |
|DISCHARGE AUTHORITY     |AR . 635-200, chap 12                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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