RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050006991


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 records to show all awards
that he is eligible to receive.

2.  The applicant states he is entitled to the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.

3.  The applicant did not provide any documentary evidence in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 November 1970, the date of his discharge from active
duty.  The application submitted in this case is dated 2 May 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
15 September 1966.  He completed basic training and advanced individual
training and was awarded the military occupational specialties (MOS) 76A10
(Supply Clerk) and 13A10 (Cannoneer).  Records show the applicant was
honorably separated on 17 November 1970.

4.  Records show the applicant was assigned to Battery C, 6th Battalion of
the 33rd Artillery, in Vietnam, during the period 22 May 1968 through
12 April 1969.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, and the Vietnam Campaign Medal.
6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the Battery C, 6th Battalion of the 33rd Artillery, it was
cited for award of the Meritorious Unit Commendation by Headquarters
Department of the Army General Orders Number 42, dated 1969.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) does not show the unit the applicant was
assigned to while serving in Vietnam was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation based on Department of
the Army General Orders.  There are no orders in the available records
which show the applicant was awarded the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

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 Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

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

10.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI and the Tet 69 Counteroffensive.

11.   Appendix B of Army Regulation 600-8-22(Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.


2.  Orders show that, at the time of the applicant’s assignment to the
Battery C, 6th Battalion of the 33rd Artillery, it was cited for award of
the Meritorious Unit Commendation.  This award was omitted from his DD Form
214.  Therefore, the applicant is entitled to correction of his DD Form 214
to add the Meritorious Unit Commendation.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

4.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore, he is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant contends he is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  There is no
evidence in the available records and the applicant has not provided
sufficient evidence which shows he is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Absent such
evidence, there is no basis to amend the applicant's records to show this
award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MKP____  _LDS___  _MJF___  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 award of the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and four bronze service stars to be affixed to his
Vietnam Service Medal.


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
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.



                                _M. K. Patterson_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006991                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/11/10                              |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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