RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September
      DOCKET NUMBER:  AR20060002444


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 his awards and decorations he
is entitled to be added to his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), to include;

      a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation;

      b.  Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation;

      c.  Meritorious Unit Commendation;

      d.  Navy Presidential Unit Citation;

      e.  2 bronze service stars; and

      f.  Republic of Vietnam Campaign Medal with 1960 Device.

2.  The applicant states that he is entitled to these awards in accordance
with Army Regulation 600-8-22 (Military Awards) and Department of the Army
Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 July 1968, the date of his disability retirement from
active duty.  The application submitted in this case is dated 1 February
2006; however, was received 14 February 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's records show that he was inducted into the Army of the
United States on 29 November 1966.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty 11B10 (Light Weapons Infantryman).  On 1 July 1968, the applicant
was honorably released from active duty after serving 1 year, 7 months, and
3 days of active service.

4.  Item 24 (Decorations Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the award of the National Defense Service Medal, Vietnam Service
Medal, Vietnam Campaign Medal, Combat Infantryman Badge (1st Award), Purple
Heart, and the Army Good Conduct Medal.

5.  A DD Form 215 was later issued to show the applicant was awarded two
Purple Hearts and was awarded one bronze service star to be affixed to his
Vietnam Service Medal.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows that the applicant served with Company B, 1st
Battalion, 14th Infantry, 25th Infantry Division in the Republic of Vietnam
during the period of 22 May 1967 to 20 September 1967.

7.  Records show the applicant is entitled to additional awards.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device (1960).  This medal was
awarded by the Government of the Republic of Vietnam to all members of the
Armed Forces of the United States who served in Vietnam for 6 months during
the period 1 March 1961 through 28 March 1973.  Qualifying service outside
the geographical limits of the Republic of Vietnam required the individual
to provide direct combat support to the Republic of Vietnam and Armed
Forces.  Individuals who had qualified for award of the Vietnam Service
Medal or the Armed Forces Expeditionary Medal and were evacuated prior to
completing six months of service due to wounds resulting from hostile
action were entitled to award of the Vietnam Campaign Medal.

9.  Department of the Army Pamphlet 672-3 lists the unit awards received by
units serving in the Republic of Vietnam.  This document shows the unit, to
which the applicant was assigned, the 1st Battalion, 14th Infantry, was
cited for award of Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 48, dated
1971; Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation based on Department of the Army General Orders Number 53, dated
1970; and the Presidential Unit Citation (Navy) based on Department of the
Army General Orders Number 59, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment in the Republic of Vietnam, the applicant's unit
was not cited for award of the Meritorious Unit Commendation.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967) and the
Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968).  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his awards and decorations he is entitled
to be added to his DD Form 214.

2.  The applicant's DD Form 214 incorrectly omitted the 1960 Device to the
applicant's Republic of Vietnam Campaign Medal.  The applicant is also
entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation.  Therefore, he is entitled to correction of his
records to show these foreign unit awards.

3.  Records show that the applicant is entitled to award of the
Presidential Unit Citation (Navy).  Therefore, he is entitled to correction
of his records to show this award.

4.  The applicant was awarded the Vietnam Service Medal, and participated
in two campaigns during his service in the Republic of Vietnam.  Therefore,
he is entitled to two bronze service stars to be affixed to his Vietnam
Service Medal.

5.  Records show the applicant should have discovered the error or
injustice
now under consideration on 1 July 1968, the date of his released from
active duty.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 30 June 1971.  Although the
applicant did not file within the ABCMR's statute of limitations, the
evidence in this case warrants waiver of failure to timely file.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jea___  ___tmr___  ___ml__  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 the award of
the Republic of Vietnam Campaign Medal with Device (1960); Republic of
Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil
Actions Honor Medal, First Class Unit Citation; Presidential Unit Citation
(Navy); and two bronze service stars to be affixed to the Vietnam Service
Medal.

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 Meritorious Unit Commendation.




                            _________James E. Anderholm__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002444                           |
|SUFFIX                  |                                        |
|RECON                   |20060919                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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