RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 July 2006
      DOCKET NUMBER:  AR20050017811


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla D. 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, in effect, that Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his 12 July 1970 Separation Document (DD Form 214) be
corrected by adding the Republic of Vietnam Campaign Medal (RVNCM) with
1960 Device, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit
Citation, Presidential Unit Citation (PUC), Meritorious Unit Citation
(MUC), Valorous Unit Award (VUA), and all other awards to which he is
entitled.

2.  The applicant states, in effect, that he served in the Republic of
Vietnam (RVN), Korea, and Germany while on active duty, and that he
discovered the errors in the awards he received when he was reviewing
official records he received from the National Personnel Records Center
(NPRC).

3.  The applicant provides three DD Forms 214 and a NPRC Letter, dated
5 December 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that  occurred on 12 July 1970, the date of his final separation from
active duty.  The application 12 December 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 record shows that he initially entered active duty on
23 February 1962.  He was trained in and awarded military occupational
specialty (MOS) 11D (Armor Intelligence Specialist).

4.  On 17 June 1963, the applicant was honorably discharged for the purpose
of immediate reenlistment.  The DD Form 214 he was issued at the time shows
he earned the Expert Qualification Badge with Pistol Bar during the period
covered by the separation document.  On 18 June 1963, he reenlisted in the
Regular Army and remained on active duty.
5.  On 9 July 1964, the applicant was honorably discharged for the purpose
of immediate reenlistment.  The DD Form 214 he was issued at the time shows
that during this period, he earned the Marksman Qualification Badge with
Pistol Bar.

6.  On 10 July 1964, the applicant reenlisted for 6 years.  His Enlisted
Qualification Record (DA Form 20) shows, in Item 31 (Foreign Service), that

he completed overseas tours in Korea (18 July 1962-12 August 1963),
Germany (18 September 1963-3 September 1966), and the RVN
(10 October 1967-10 August 1968).

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that while serving in Korea, he was assigned to the 2nd Reconnaissance
Squadron, 11th Cavalry Regiment, and while serving in Germany, he was
assigned to
2nd Reconnaissance Squadron, 3rd Armored Cavalry Regiment.  It further
shows that during his RVN tour, he was assigned to Troop D, 1st Squadron,
9th Cavalry Regiment from 14 October through 7 November 1967, and to
Company E, 52nd Infantry Regiment from 8 November 1967 through 5 August
1968.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his tenure on active duty, he earned the National Defense
Service Medal (NDSM), Vietnam Service Medal (VSM), RVNCM with 1960 Device,
Air Medal (AM), Bronze Star Medal (BSM), Purple Heart (PH), Marksman
Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Qualification
Badge with Rifle
(M-14) Bar.

7.  On 12 July 1970, the applicant was honorably discharged after
completing a total of 8 years, 4 months, and 17 days of creditable active
military service.  The DD Form 214 he was issued shows he held the rank of
staff sergeant (SSG), and that he earned the following awards:  NDSM; VSM;
RVNCM; AM; BSM; PH; and 1 Overseas Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in.  Table B-1 of the same
regulation contains a list of RVN campaigns.  It shows that during the
applicant’s tenure of assignment, campaign credit was awarded for the
Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam
Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.



9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units earned the VUA and RVN
Gallantry Cross with Palm Unit Citation.  There is no indication that his
units received the MUC or PUC during his assignment tenure.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal (KDSM).  It stated, in pertinent part, that this award is authorized
for all members who served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the RVNCM with 1960
Device, RVNGC with Palm Unit Citation, VUA and additional service awards
was carefully considered and found to have merit.  However, there was
insufficient evidence to confirm his entitlement to the PUC and MUC he
requested.

2.  The evidence of record confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the following awards
that were omitted from his final DD Form 214:  VUA; RVNGC with Palm Unit
Citation; and 4 bronze service stars with his VSM.  In addition, he earned
the Marksman Qualification Badge with Rifle (M-16) Bar, and Sharpshooter
Qualification Badge with Rifle (M-14) Bar, which were also omitted from the
list of awards on his final separation document.  Therefore, it would be
appropriate to add these awards to his record and separation document at
this time.

3.  The record also confirms that based on his service in Korea, the
applicant is entitled to the KDSM, which should also be added to his record
and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  __MNT__  __WFC _  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 amending Item 24 of his
12 July 1970 DD Form 214 by deleting the current list of awards and
replacing it with the entry "Bronze Star Medal, Purple Heart, Air Medal,
National Defense Service Medal, Valorous Unit Award, Vietnam Service Medal
with 4 bronze service stars, Republic of Vietnam Campaign Medal with 1960
Device, Korean Defense Service Medal, Sharpshooter Qualification Badge with
Rifle Bar, and Marksman Qualification Badge with Automatic Rifle and Pistol
Bars.

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 Presidential Unit Citation and Meritorious Unit Commendation.




                            _____William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017811                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]