RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20060000112


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William 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, correction of item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show
award of the Vietnam Service Medal with two or three bronze service stars,
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, and the
Valorous Unit Award.  He also requests award of all awards and decorations
to which he may be entitled.
2.  The applicant states these items were left off of his discharge
document upon leaving Vietnam and the Army.

3.  The applicant provides a copy of his DD Form 214; a letter, dated 28
March 2005, from the National Personnel Records Center, St. Louis,
Missouri; orders for the Good Conduct Medal; and a copy of his DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
18 August 1967.  The application submitted in this case is dated 20
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 was inducted on 19 November 1965.  He was assigned to the
623rd Quartermaster Company in Vietnam from 21 August 1966 through
14 August 1967 and was released from active duty on 18 August 1967.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Good Conduct Medal, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

5.  The applicant participated in two campaigns during his assignment in
Vietnam.

6.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

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 the applicant's unit was cited for
award of the Meritorious Unit Commendation for actions during the period 1
January 1967 to
1 March 1968 based on Department of the Army General Orders Number 67,
dated 1968.

8.  Department of the Army Pamphlet 672-3 shows the applicant’s unit was
not cited for the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, the Presidential Unit Citation, or the Valorous Unit Award
while he was assigned to it.

9.  Army Regulation 600-8-22 (Military Awards), 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.

10.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese Government as a unit award for meritorious
service.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation is awarded for extraordinary heroism in action.
A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to two or three bronze service
stars to be affixed to the Vietnam Service Medal.  Records show he
participated in two campaigns during his assignment in Vietnam which
entitles him to award of the Vietnam Service Medal with two bronze service
stars.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

3.  The applicant’s unit was cited for award of the Meritorious Unit
Commendation while he was assigned to it.

4.  Department of the Army Pamphlet 672-3 shows the applicant's unit was
not cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Presidential Unit Citation, or the Valorous
Unit Award while he was assigned to it.  Therefore, there is insufficient
evidence on which to base award of these unit awards.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 18 August 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 17
August 1970.  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

WP____  __MT____  _WC____  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 his DD Form
214 to show that he was awarded the Vietnam Service Medal with two bronze
service stars and to add the Meritorious Unit Commendation and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board also 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 a third bronze
service star to be affixed to the Vietnam Service Medal, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, the
Presidential Unit Citation, or the Valorous Unit Award.



                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000112                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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