RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20050006640


      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:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey Parsons               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 he be awarded the Meritorious Unit
Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation.

2.  The applicant states, in effect, that his unit in Vietnam was awarded
the MUC and the RVNGC w/Palm Unit Citation; however, it was never added to
his records.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of a unit certificate from his commander and miscellaneous
unit history documents and electronic mail (email) from the internet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 December 1968.  The application submitted in this case is
dated 22 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 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.  He enlisted in Fresno, California, on 31 December 1964 for a period of
4 years and assignment to the Army Security Agency (ASA).  He completed his
basic combat training at Fort Leonard Wood, Missouri, and was transferred
to the Defense Language Institute at the Presidio of Monterrey, California
for Vietnamese language training.  He was subsequently transferred to
Goodfellow Air Force Base, San Angelo, Texas for additional translator
training and was transferred to Vietnam on 20 September 1966.

4.  He was serving in the pay grade of E-4 at the time of his arrival in
Vietnam and was initially assigned to the 303rd Radio Research Battalion
for a week and on 28 September 1966, he was further assigned to the 409th
Radio Research (ASA) Detachment to support the 11th Armored Cavalry
Regiment.  He was promoted to the pay grade of E-5 on 17 November 1966.
5.  He departed Vietnam on 19 September 1967 and was transferred to Fort
Meade, Maryland.  He was promoted to the pay grade of E-6 on 7 June 1968
and on 20 December 1968, he was honorably released from active duty due to
the expiration of his term of service (ETS) and the Christmas Early Release
Program.  He had served 3 years, 11 months and 20 days of total active
service and was awarded the National Defense Service Medal, the Vietnam
Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Good
Conduct Medal.

6.  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 two awards of the Meritorious Unit Commendation
(MUC) which is reflected as the MUC 1OLC, for the period he served with the
unit.  Additionally, he participated in two campaigns while assigned to
Vietnam and is authorized to wear two bronze service stars on his VSM.

DISCUSSION AND CONCLUSIONS:

1.  Subsequent to the applicant’s departure from Vietnam, the applicant’s
unit was awarded the RVNGC w/Palm Unit Citation and two awards of the MUC
that were not added to the applicant’s records.

2.  Additionally, he participated in two campaigns and thus is entitled to
be awarded two bronze service stars for wear on his already awarded VSM.

3.  Accordingly, it would be in the interest of justice to award him the
RVNGC w/Palm Unit Citation, the MUC w/1OLC and two bronze service stars for
wear on his already awarded VSM and to correct his records to reflect those
awards.








BOARD VOTE:

___JI ___  ____JP__  ___EM __  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 awarding him the RVNGC w/Palm Unit
Citation, the MUC w/1OLC and two bronze service stars for wear on his
already awarded VSM and to correct his records accordingly.




                            ______John Infante________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006640                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19681220                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 2, SEC VI                |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |140/RVNGC                               |
|1.107.0094              |                                        |
|2.107.0034              |80/MUC                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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