RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060001748


      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. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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
Army Commendation Medal.  He also requests, in effect, that the period of
meritorious service for award of the Army Commendation Medal be corrected
on his citation.

2.  The applicant states the period of meritorious service for award of the
Army Commendation Medal is shown as 10 September 1967 to 29 April 1968 on
the citation, but he served several months prior to September 1967.  He
states he was serving with Company C, 1st Battalion, 35th Infantry in June
1967.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge); his award certificate and citation
for the Army Commendation Medal; his orders for award of the Combat
Infantryman Badge; a report on Company C, 1st Battalion, 35th Infantry,
25th Infantry Division; a report on the Ivy Division of the 3rd Brigade in
Vietnam; and a copy of the Bronco Bugle magazine.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 23 April 1968.  The application submitted in this case is dated 23
January 2006.

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 into the Army on 11 July 1966.  He completed
basic combat training and advanced individual training (AIT) at Fort
Jackson, South Carolina.  Upon successful completion of AIT, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, United States Army Training Center Special Orders Number
85 dated, 12 April 1967, reassigned the applicant from Fort Jackson, South
Carolina to the Overseas Replacement Station in Oakland, California.


5.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in
Vietnam on 31 April 1967.

6.  Headquarters, 4th Infantry Division Special Order Number 141, dated 21
May 1967, reassigned the applicant to Company C, 1st Battalion, 35th
Infantry on 26 May 1967.

7.  Headquarters, 4th Infantry Division Special Orders Number 253, dated
10 September 1967, reassigned the applicant to Company D of the 1st
Battalion, 35th Infantry on 10 September 1967.

8.  Headquarters, 4th Infantry Division General Orders Number 2049, dated
20 May 1968, awarded 23 specialist fours the Army Commendation Medal for
meritorious service from May 1967 to May 1968.  However, the order shows
more specific periods of service for each individual.  The applicant’s
period of service was indicated as September 1967 to April 1968.

9.  The applicant’s award certificate, dated 21 May 1968, shows he was
awarded the Army Commendation Medal for meritorious service in the Republic
of Vietnam during the period September 1967 to April 1968.

10.  The applicant’s citation for the Army Commendation Medal shows the
period of meritorious service as “10 Sept 1967 to 29 April 1968.”

11.  Item 38 (Record of Assignments) on his DA Form 20 shows he departed
Vietnam on 21 April 1968.  He was credited with participation in three
campaigns.

12.  The applicant was released from active duty on 23 April 1968.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Combat Infantryman Badge, the Republic of
Vietnam Campaign Medal, two Overseas Bars, and the Marksman Marksmanship
Qualification Badge with Rifle Bar.

13.  His DD Form 214 shows he served 11 months and 23 days of foreign
service in the U.S. Army Pacific in item 22c (Foreign and or Sea Service).


14.  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 the 1st Battalion, 35th
Infantry was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation by Department of the Army General Orders
(DAGO) Number 53, dated 1970.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 35th Infantry, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by DAGO Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 1st Battalion, 35th Infantry, this unit
was cited for award of the Valorous Unit Award by DAGO Number 43, dated
1972.

17.  Army Regulation 600-8-22, 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Army Commendation
Medal for meritorious service from September 1967 to April 1968.
Therefore, his DD Form 214 should be amended to show this award.

2.  The applicant’s citation for award of the Army Commendation Medal shows
the period of meritorious service from September 1967 to April 1968.  There
is no evidence of record which indicates the commanding officer recommended
the applicant for the Army Commendation Medal for meritorious service with
a beginning date prior to September 1967.  Therefore, his citation properly
reflects the period of meritorious service from September 1967 to April
1968.

3.  The applicant was assigned to a unit during a period it was cited for
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and the Valorous Unit Award.  Therefore, these awards should be added to
his DD Form 214.

4.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be amended to
show three bronze service stars for wear on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 22 April 1971.  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

PS______  LD______  RG______  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 adding the Army
Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Valorous Unit Award to his DD Form 214.

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
amending the period of meritorious service for award of the Army
Commendation Medal on the award citation.




                            Paul Smith____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001748                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|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.       |107.0020                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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