RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060003491


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 DD Form 214 (Report of
Transfer or Discharge) to show his dates of service in Vietnam.  He also
requests all awards and decorations to which he may be entitled for his
service in Vietnam.

2.  The applicant states that he served in Vietnam and his DD Form 214 does
not show his overseas time and location.  He contends that it only shows
“USARPAC” [U.S. Army Pacific] without total overseas service time.  He also
states that he was sent home on emergency leave as a result of an illness
suffered by his mother and was later instructed not to return to Vietnam.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 March 1972.  The application submitted in this case is dated 3 March
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 on 11 February 1971.  Orders, dated 23 July
1971, show the applicant arrived in Vietnam on 21 July 1971 and was
assigned to Headquarters and Headquarters Company, 14th Transportation
Battalion.  Undated orders show the applicant was granted 30 days emergency
leave due to a serious illness of his mother.  Headquarters, 14th
Transportation Battalion Special Orders, dated 20 March 1972, show the
applicant was reassigned to Fort Lewis, Washington from Headquarters and
Headquarters Company, 14th Transportation Battalion in Vietnam.  On 24
March 1972, the applicant was released from active duty.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214
shows the National Defense Service Medal and the entry, “NVAL” [not
available]. Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows
the entry, “USARPAC NVAL.”  Item 30 (Remarks) on his DD Form 214 shows the
entry, “VN [Vietnam] SERVICE:  NVAL.”

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) is not
available.

6.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

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 is entitled
to Meritorious Unit Commendation for actions during the period 1 August
1971 to 27 April 1972 based on Department of the Army General Orders Number
32, dated 1973.

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit
is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 6, dated
1974.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 32, dated 1973.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in
or directly supporting military operations.

11.  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 Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  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.

12.  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.  Orders show the applicant arrived in Vietnam on 21 July 1971 and
departed Vietnam on or about 20 March 1972, a total of 8 months.  Absent
any evidence to the contrary, 20 March 1972 is accepted as his date of
departure.  Therefore, item 22c should be corrected to show that he
completed 8 months in USARPAC. Also, item 30 should be corrected to show
his dates of service in Vietnam.

2.  Based on his service in Vietnam, the applicant is entitled to award of
the Vietnam Service Medal with two bronze service stars and the Republic of
Vietnam Campaign Medal with Device 1960.

3.  The applicant’s unit received the Meritorious Unit Commendation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 24 March 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 23 March
1975.  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:

LS_____  __PS____  __AM____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  deleting the entry in item 22c on his DD Form 214;

      b.  adding the entry, “USARPAC 00 08 00” in item 22c on his DD Form
214;

      c.  deleting the entry, “VN SERVICE: NVAL” in item 30 on his DD Form
214;

      d.  adding the entry, “VN SERVICE:  710721-720320” in item 30 on his
DD Form 214; and

      e.  amending item 24 on his DD Form 214 to show that he was awarded
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                            ___Linda Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003491                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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