RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050017944


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine 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 correction of his records to show award of the
Presidential Unit Citation (Army), the Meritorious Unit Commendation, the
Bronze Star Medal, the Combat Action Ribbon, the Navy Unit Commendation,
the Presidential Unit Citation (Navy), and the Joint Service Commendation
Medal.

2.  The applicant states, in effect, that his records should be corrected
to show these awards.  He states he was a member of Company A, 4th
Battalion, 47th Infantry Regiment, 2nd Brigade, 9th Infantry Division,
Mobile Riverine Force during his tour in Vietnam from September 1968
through July 1969.  He states that the Department of the Army (DA) Pamphlet
672-3 (Unit Citation and Campaign Participation Credit Register) shows
Headquarters and Headquarters Company, 2nd Brigade, 9th Infantry Division
was awarded the Presidential Unit Citation for actions from 29 January to 4
March 1968 by Department of the Army General Orders (DAGO) Number 45 dated
1969.  He also states DA Pamphlet 672-3 shows the 9th Infantry Division was
awarded the Meritorious Unit Commendation for actions from 10 October 1966
to 31 August 1967 by DAGO Number 10 dated 1968.  In addition, he states DA
Pamphlet 672-3 shows the 9th Infantry Division was awarded the Meritorious
Unit Commendation for actions from 1 September 1967 to 31 October 1968 by
DAGO Number 37 dated 1970.  He further states the Bronze Star Medal was
awarded for meritorious service based on a full tour of duty in-country
Vietnam with a record of good performance and conduct.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); his letter to the Awards
Branch; a citation for the Navy Unit Commendation Ribbon; a citation for
the Presidential Unit Citation (Navy); and orders awarding him the Air
Medal, two Army Commendation Medals, and the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 9 April 1970.  The application submitted in this case is dated 8
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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence on file in his
record authorizing award of the Bronze Star Medal.  In the absence of a
proper award authority for the Bronze Star Medal, the applicant may request
the Bronze Star Medal under the provisions of Section 1130 of Title 10,
United States Code.  As a result, the Bronze Star Medal will not be
discussed further in this Record of Proceedings.

4.  The Joint Service Commendation Medal was authorized by the Secretary of
Defense on 25 June 1963.  The Army (to include the ABCMR) has no authority
to award a Department of Defense decoration.  Recommendations for the Joint
Service Commendation Medal should be submitted to the appropriate authority
for processing.  The Joint Staff/J-1, Pentagon, Room 4A948 in Washington,
DC 20318-1000 provides processing procedures for the Joint Service
Commendation Medal.  Therefore, the Joint Service Commendation Medal will
not be discussed further in this Record of Proceedings.

5.  The applicant was inducted into the Army on 10 April 1968.  He
completed basic combat training and advanced individual training (AIT) at
Fort Jackson, South Carolina.  At the completion of AIT, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
assigned to Company A, 4th Battalion, 47th Infantry, 9th Infantry Division
in Vietnam in September 1968.  His DA Form 20 shows he was reassigned to
Headquarters and Headquarters Company, 2nd Brigade, 9th Infantry Division
on 1 April 1969 in Vietnam.

7.  The applicant provided a citation which shows the Navy Unit
Commendation was awarded to the River Assault Flotilla One for meritorious
service from 5 March 1968 through 24 January 1969 while operating with
friendly foreign forces engaged in armed conflict against communist
aggressor forces in the Mekong Delta region of the Republic of Vietnam.
The citation states, “As the naval component of the Army/Navy Mobile
Riverine Force (Task Force 117), the ships and assault boats of River
Assault Flotilla ONE provided close logistic, communication, and gunfire
support to troops of the United States Army’s
9th Infantry Division, the 2nd, the 3rd, and the 4th Vietnamese Marine
Corps Battalions, and the 9th and 21st Divisions of the Army of the
Republic of Vietnam during riverine assault operations…”  The citation
states that all personnel attached to and serving with River Assault
Flotilla ONE during the designated period was authorized to wear the Navy
Unit Commendation Ribbon.

8.  The applicant also provided a citation which shows the Presidential
Unit Citation (Navy) was awarded to the United States Navy Element of the
Mobile Riverine Force (Task Force 117) for extraordinary heroism and
outstanding performance of duty from 25 January through 5 July 1969 while
engaged in armed conflict against enemy forces in the Mekong Delta region
of the Republic of Vietnam.

9.  Headquarters, 9th Infantry Division General Orders Number 3541 dated
25 March 1969 awarded the applicant the Army Commendation Medal for
outstanding achievement during the period 28 September 1968 to 2 March
1969.

10.  Headquarters, 9th Infantry Division General Orders Number 7993 dated
30 June 1969 awarded the applicant the Army Commendation Medal (First Oak
Leaf Cluster) for meritorious service during the period September 1968 to
June 1969.

11.  The applicant departed Vietnam on 18 July 1969 and was reassigned to
Fort Hood, Texas.

12.  He was released from active duty on 9 April 1970.  His DD Form 214
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal with one bronze service star, the Republic of Vietnam
Campaign Medal, the Combat Infantryman Badge, the Air Medal, the Army
Commendation Medal, and the Expert Marksmanship Qualification Badge with
Rifle Bar.

13.  DA Pamphlet 672-3 shows Headquarters and Headquarters Company,
2nd Brigade, 9th Infantry Division was awarded the Presidential Unit
Citation (Army) for actions during the period 29 January to 4 March 1968 by
DAGO Number 45 dated 1969.  The applicant was not assigned to this unit at
that time.

14.  DA Pamphlet 672-3 shows that, at the time of the applicant’s
assignment to Headquarters and Headquarters Company, 2nd Brigade, 9th
Infantry Division, this unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for actions during the
period 19 December 1966 to 28 June 1969 by DAGO Number 59 dated 1969.

15.  Table 11 of DA Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 9th Infantry Division, this division was
cited for award of the Meritorious Unit Commendation for actions during the
period 1 September 1967 to 31 October 1968 by DAGO Number 37 dated 1970.
16.  DA Pamphlet 672-3 does not show the 9th Infantry Division was awarded
the Presidential Unit Citation (Navy).

17.  His personnel records contain a DD Form 215 (Correction to DD Form
214) dated 13 December 2002 which added the Army Good Conduct Medal to his
DD Form 214.

18.  His personnel records also contain a DD Form 215 dated 14 October 2003
which added the Republic of Vietnam Gallantry Cross with Palm Unit Citation
to his DD Form 214.

19.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  The Department of Defense Instruction lists
the actions for which the Combat Action Ribbon is authorized beginning with
Southeast Asia (1 March 1961 - 15 August 1973) and ending with Operation
Restore Hope (5 December 1992 - 31 March 1995).

20.  Department of Defense Instruction 1348.33 shows that the Navy Unit
Commendation was authorized by the Secretary of the Navy on 18 December
1944.  It is awarded by the Secretary of the Navy to any unit of the U.S.
Navy or the U.S. Marine Corps.  The Navy Unit Commendation may be awarded
to other units of the Armed Forces of the United States and of friendly
foreign nations serving with the Armed Forces of the United States provide
such unit meet the standards established by the Department of the Navy.

21.  Army Regulation 600-8-22, paragraph 7-3 directs that all awards
approved by authorized commanders, by the other Service departments and by
foreign governments, and all campaign participation credits announced by
authorized commanders will be confirmed in DAGO.

DISCUSSION AND CONCLUSIONS:

1.  DA Pamphlet 672-3 shows Headquarters and Headquarters Company,
2nd Brigade, 9th Infantry Division was cited for award of the Presidential
Unit Citation (Army) for actions during the period 29 January to 4 March
1968.  However, the applicant was not assigned to this unit during this
period.  Therefore, there is no basis for granting him award of the
Presidential Unit Citation (Army).

2.  The applicant was assigned to the 9th Infantry Division during the
period it was cited for award of the Meritorious Unit Commendation.  He was
assigned to Headquarters and Headquarters Company, 2nd Brigade, 9th
Infantry Division when it was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, these
awards should be added to his DD Form 214.

3.  The authority for award of the Combat Action Ribbon states that it is
awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S.
Coast Guard operating under the control of the U.S. Navy.  Therefore, there
is no basis for amending his discharge document to show award of the Combat
Action Ribbon.

4.  The citation provided by the applicant indicates the Navy Unit
Commendation was awarded to components of the River Assault Flotilla One in
the Republic of Vietnam who provided support to troops of the United States
Army’s 9th Infantry Division, the 2nd, 3rd, and 4th Vietnamese Marine Corps
Battalions.  There is no evidence of record which shows the 9th Infantry
Division was awarded the Navy Unit Commendation by the Department of the
Navy.  Such an award would have had to be confirmed in DAGO and there is no
evidence the 9th Infantry Division was awarded the Navy Unit Commendation
by DAGO.

5.  There is no evidence which shows the Department of the Navy awarded the
Presidential Unit Citation (Navy) to the 9th Infantry Division for actions
in the Republic of Vietnam.  Such an award would have had to be confirmed
in DAGO and there is no evidence the 9th Infantry Division was awarded the
Navy Unit Commendation by DAGO.

6.  General Orders Number 7993 show the applicant was awarded the Army
Commendation Medal (First Oak Leaf Cluster).  Therefore, it would be
appropriate to add this award to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 April 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
8 April 1973.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

AR______  LD______  PT______  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 he was awarded
the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and the Army Commendation Medal
(First Oak Leaf Cluster).

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
award of the Presidential Unit Citation (Army), the Combat Action Ribbon,
the Navy Unit Commendation, and the Presidential Unit Citation (Navy).




                            Allen Raub____________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017944                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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