RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050013282


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 his DD Form 214 (Report of Transfer or
Discharge) be corrected to list all of his awards and decorations.

2.  The applicant states that in addition to the awards listed on his
DD Form 214, the following awards should also be listed:  the Army
Achievement Medal, the Armed Forces Reserve Medal, the Army Reserve
Components Achievement Medal with one bronze oak leaf cluster, the National
Defense Service Medal with one oak leaf cluster, the Army Service Ribbon,
the Overseas Service Ribbon, the Army Reserve Components Overseas Training
Ribbon, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, the Presidential Unit Citation, the Meritorious Unit
Commendation, the Special Forces Tab, the Master Parachutist Badge, and the
Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant provides copies of a 29 August 2005 National Personnel
Records Center letter, a 7 April 1990 DA Form 3590 (Record Fire Scorecard),
and a Presidential Unit Citation Certificate for the Studies and
Observations Group.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 August 1994, the date of his transfer to the Retired
Reserve.  The application submitted in this case is dated 3 September 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 record shows the applicant enlisted in the Regular Army on 2
February 1966.  He completed basic medical specialist training, basic
airborne training, and Special Forces Medical Specialist training.

4.  The record indicates the applicant served in Vietnam with Company A,
1st Special Forces Group, 1st Special Forces during the following four
periods:  from 16 October 1967 through 31 January 1968, 30 March 1968
through 8 May 1968, 28 July 1968 through 19 January 1969, and 15 February
1969 through 21 May 1969.  The applicant also served with Headquarters and
Headquarters Company, 1st Special Forces Group (Airborne), 1st Special
Forces from 9 August 1967 through 15 October 1967; and with Special
Operations Augmentation, Command and Control Central, 5th Special Forces
Group, 1st Special Forces from 9 May 1968 through 27 July 1968.

5.  He was honorably released from active duty and transferred to the
United States Army Reserve (USAR) Control Group (Reinforcement) on 28 May
1969.

6.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the
Purple Heart, the Army Commendation Medal with "V" device, the Good Conduct
Medal, the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with "1960" device, the Combat Medical
Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge
with Rifle Bar (for the M-16 rifle), and the Marksman Marksmanship
Qualification Badge with Rifle Bar (for the M-14 rifle).

7.  The 28 May 1969 DD Form 214 lists his awards as the Army Commendation
Medal, the Purple Heart, the Good Conduct Medal, the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with "1960" device, and the Parachutist Badge.

8.  A DD Form 215 (Correction to DD Form 214) issued 3 November 1969
corrected his DD Form 214 to include the "V" Device for his Army
Commendation Medal and the Combat Medical Badge.

9.  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 while the applicant was
assigned to Company A, 1st Special Forces Group, 1st Special Forces the
unit was cited for award of the Republic of Vietnam Cross of Gallantry with
Palm Unit Citation.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following five campaign periods:  the Counteroffensive Phase
III, 1 June 1967 - 29 January 1968; the Tet
Counteroffensive, 30 January 1968 - 1 April 1968; the Counteroffensive
Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July
1968 – 1 November 1968; and the Counteroffensive Phase VI, 2 November 1968
– 22 February 1969.

11.  The applicant served in the Individual Ready Reserve (IRR) from 29 May
1969 through 1 February 1972, when he was discharged from the USAR.

12.  The applicant enlisted in the Army National Guard on 7 May 1976 and
received a direct commission in the ARNG on 17 January 1977.  He
transferred to the USAR on 7 May 1977.

13.  A 7 April 1990 DA Form 3590 indicates the applicant qualified as an
expert with the rifle.

14.  The applicant served continuously in the USAR Troup Program Units
(TPU) from 7 May 1977 until he transferred to the Retired Reserve on 15
August 1994.

15.  A 29 August 2005 National Personnel Records Center letter indicates
that the applicant is entitled to the Army Commendation Medal with "V"
device, the Purple Heart, the Army Achievement Medal, the Good Conduct
Medal, the Meritorious Unit Commendation, the National Defense Service
Medal with two bronze service stars, the Vietnam Service Medal, the Armed
Forces Reserve Medal, the Army Reserve Components Achievement Medal with
one bronze service star, the Army Service Medal, the Combat Medical Badge,
the Republic of Vietnam Campaign Medal with "1960" device, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, the Master Parachutist
Badge, and the Special Forces Tab.

16.  Army Regulation 635-5 (Separation Documents) states that a DD Form 214
is a summary of a Soldier's period of continuous active duty that provides
a brief, clear-cut record of active duty service.  It further states that a
DD Form 214 is issued to a Reserve component (RC) Soldier only after
completing 90 days or more of continuous active duty for training (ADT),
Full-Time National Guard Duty, active duty for special work, temporary
tours of active duty, Active Guard Reserve (AGR) service, or who are
mobilized under sections 12301(a), 12302, or 12304, Title 10, U.S. Code.

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the basic Parachutist Badge, the Senior
Parachutist Badge, and the Master Parachutist Badge.  Award of the basic
Parachutist Badge requires that an individual must have satisfactorily
completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.  Award of the Senior Parachutist Badge
requires ratings of excellent in character and efficiency, completion of 30
jumps (15 with combat equipment, two night jumps with one as jumpmaster,
two mass tactical jumps culminating in an airborne assault problem),
graduation from the Jumpmaster Course, and service on jump status for at
least 24 months.   Award of the Master Parachutist Badge requires a rating
of excellent in character and efficiency, completion of 65 jumps (25 with
combat equipment, four night jumps with one as jumpmaster, five mass
tactical jumps culminating in an airborne assault problem), graduation from
the Jumpmaster Course, and service on jump status for at least 36 months.

18.  Army Regulation 600-8-22 indicates that the Army Service Ribbon and
the Overseas Service Ribbon were not established by the Secretary of the
Army until 10 April 1981.  Retroactive entitlement of these awards for
Soldiers who were credited with a normal overseas tour completion before 1
August 1981 provided they had an Active Army status on or after 1 August
1981 and the service is not recognized with another U.S. service medal.

19.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

20. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Achievement Medal is awarded to any member of the armed
forces of the United States, who while serving in a noncombat area on or
after 1 August 1981, distinguished themselves by meritorious service or
achievement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during five campaign periods in Vietnam and is
therefore authorized to wear one silver service star on his Vietnam Service
Medal.

2.  In addition to the awards listed on the 28 May 1969 DD Form 214, the
record shows that the applicant is also authorized award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Special Forces Tab,
the Expert
Marksmanship Qualification Badge with Rifle Bar (for the M-16 rifle), and
the Marksman Marksmanship Qualification Badge with Rifle Bar (for the M-14
rifle).  His records should be corrected to show these awards.

3.  The applicant has provided no documentation nor does the record contain
any indication that he served with the Studies and Observations Group while
on active duty in Vietnam.  Therefore, correction of the record to show he
was authorized the Presidential Unit Citation is not warranted.

4.  There are neither award orders nor indications in Army Pamphlet 672-3
that show the applicant served with any unit during a period when it was
cited for award of the Presidential Unit Citation, the Meritorious Unit
Citation, or the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.

5.  The record reflects the applicant was authorized the Parachutist Badge
during his period of active duty.  However, the record does not reflect
entitlement to award of either the Senior or the Master Parachutist Badge.

6.  A DD Form 214 is prepared to reflect information only for the period a
Soldier served on active duty.  As such it is not appropriate to issue a DD
Form 214 to reflect the applicant's USAR service post.  It is also not
appropriate to correct the existing DD Form 214 to reflect any award or
decoration that was issued subsequent to his release from active duty on 28
May 1969.

7.  Therefore, correction of the DD Form 214 to include the Army
Achievement Medal, Armed Forces Reserve Medal, the Army Reserve Components
Achievement Medal with one bronze service star, the Army Service Ribbon,
the Overseas Service Ribbon, the Army Reserve Components Overseas Training
Ribbon, and subsequent awards of the National Defense Service Medal is not
appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ALB___  __LMD _  __PMT__  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 that, in
addition to the awards listed on the DD Form 214, the applicant is
authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Special Forces Tab, the Expert Marksmanship Qualification
Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with
Rifle Bar, and to wear one silver service star on 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
correcting the DD Form 214 to reflect award of the Army Achievement Medal,
the Armed Forces Reserve Medal, the Army Reserve Components Achievement
Medal with one bronze service star, the Army Service Ribbon, the Overseas
Service Ribbon, the Army  Reserve Components Overseas Training Ribbon, the
Presidential Unit Citation, the Meritorious Unit Commendation, the Master
Parachutist Badge, and subsequent awards of the National Defense Service
Medal.




                            __    Allen L. Raub_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013282                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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