RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017114


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 (Certificate of Release or
Discharge from Active Duty) be corrected to show the award of the Army
Commendation Medal (ARCOM).

2.  The applicant states that he was awarded the ARCOM, however, it was not
until later that he realized the award was never recorded on his DD Form
214.

3.  The applicant provides a copy of the ARCOM certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 November 1973.  The application submitted in this case
is dated 19 November 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 reenlisted on 21 November 1965,
for a total of 3 years.  The applicant was assigned to the 511th Engineer
Company while in the Republic of Vietnam during the period 28 February 1967
through
27 February 1968.  He was honorably separated on 20 November 1968, and on
21 November 1968, he reenlisted again and served another tour of duty in
Vietnam during the period 6 March 1972 through 24 July 1972 and was
honorably separated on 7 November 1973.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not show the award of the
ARCOM.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show award of the ARCOM.

6.  There are no general orders in the applicant's records to show he was
awarded the ARCOM.
7.  The applicant provided a copy of the Army Commendation Medal
certificate awarding him the ARCOM, authenticated by the 18th Engineer
Brigade commander at the time, on 19 February 1968, for meritorious service
in the Republic of Vietnam during the period 28 February 1967 to 27
February 1968.

8.  The 18th Engineer Brigade website provides subordinate units list and
senior engineer commanders in Vietnam.  It shows that the unit the
applicant served with in the Republic of Vietnam, 511th Engineer Company,
was part of the 18th Engineer Brigade and the commander at the time was the
one who authenticated the ARCOM certificate.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

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

11.  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.

12.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 shows one bronze service star indicating
campaign credit.  The applicant's records indicate he participated in the
Vietnam Counteroffensive Phase II, III, TET Counteroffensive, Consolidation
II and the Vietnam cease-fire campaigns.

13.  Appendix B of Army Regulation 600-8-22 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 that he is entitled to award of the ARCOM.

2.  The evidence of record and the ARCOM certificate provided by the
applicant clearly establishes that the applicant was serving with the 18th
Engineer Brigade in the Republic of Vietnam during the period 28 February
1967 through
27 February 1968 and that the brigade commander at the time was the one who
authenticated the certificate.  The Board accepts the Army Commendation
Medal certificate as proof, therefore, he is entitled to show award of the
ARCOM.

3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
6 November 1976.  Although the applicant did not file within the ABCMR's
statue of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

__wdp___  __mjnt__  __wfc___  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 award of the Army Commendation
Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a
silver service star for wear on his already awarded Vietnam Service Medal.




                                  William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017114                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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