RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050007611


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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
award of the Presidential Unit Citation, the Meritorious Unit Commendation,
the Valorous Unit Award, and the Army Commendation Medal.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) should be corrected to
show all of the awards he is due based on the book Brave Cannons, which is
the story of his unit in Vietnam.

3.  The applicant provides a supplemental letter and a letter from the
National Personnel Records Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 2 April 1969.  The application submitted in this case is dated 9 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 requested, in effect, correction of his records to show
an award of the Army Commendation Medal.  There are no orders or other
evidence on file in his record authorizing award of the Army Commendation
Medal.  In the absence of a proper award authority for this decoration, the
applicant may request the Army Commendation Medal under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, the Army Commendation Medal
will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted into the Army on 30 August 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 13A (Field Artillery, Basic).  He
was assigned to Battery B, 1st Battalion, 92nd Artillery in Vietnam on 8
March 1968.

5.  The applicant departed Vietnam on 1 April 1969 and was credited with
participation in five campaigns.

6.  The applicant was released from active duty on 2 April 1969.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the
Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and two
Overseas Bars.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that Battery B, 1st Battalion,
92nd Artillery was cited for award of the Presidential Unit Citation for
the period 29 October to 30 November 1967 by Department of the Army General
Orders (DAGO) Number 38, dated 1971.

8.  Department of the Army Pamphlet 672-3 does not show that the
applicant's unit, the 1st Battalion, 92nd Artillery, was cited for award of
the Meritorious Unit Commendation.

9.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion,
92nd Artillery was cited for award of the Valorous Unit Award for the
period 4 May to 28 June 1969 by DAGO Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 92nd Artillery, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by DAGO Number 54, dated 1974.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  A silver service star
is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not assigned to Battery B, 1st Battalion, 92nd
Artillery during the period it was cited for award of the Presidential Unit
Citation and the Valorous Unit Award.  Therefore, there is no basis for
correcting his DD Form 214 to show these awards.

2.  Department of the Army Pamphlet 672-3 does not show the Meritorious
Unit Commendation was awarded to any unit of the 1st Battalion, 92nd
Artillery for service in Vietnam.

3.  The applicant was assigned to 1st Battalion, 92nd Artillery during a
period it was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  Therefore, this foreign unit award should be
added to his DD Form 214.

4.  The applicant received credit for participation in five campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show he is entitled to one silver service star (in lieu of five bronze
service stars) for wear on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 April 1972.  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.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

TK______  RD______  JM______  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 errors 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
to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
the Vietnam Service Medal with one silver service star.




                                  Ted Kanamine__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007611                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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