RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060003929


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 to his records to show award of the
Army Commendation Medal and a unit citation.

2.  The applicant states, in effect, that both awards were earned during
the battle of Soui Tre dated 20 March 1967 and should have been added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1968, the date of his release from active duty.  The
application submitted in this case is dated 9 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence to show
that the applicant was authorized this award.  In the absence of authority
for this award, the applicant may request award of the Army Commendation
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this award under Section 1130 and, as a result,
it will not be discussed further in this Records of Proceedings.

4.  The applicant's records show that he was inducted in the Army of the
United States on 27 June 1966.  He successfully completed basic combat
training and advanced individual training and was awarded the military
occupational specialty 13A10 (Field Artillery Basic).




5.  He was assigned to A Battery, 1st Battalion, 8th Artillery in the
Republic of Vietnam during the period 11 December 1966 to 30 November 1967.

6.  On 26 June 1968, the applicant was honorably released from active duty.
 He had served 2 years of active service.

7.  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 with 2 bronze service stars, Republic of Vietnam Campaign Medal with
Device 1960, Purple Heart, 2 Overseas Service Bars, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.  However, it does not show
any unit citation.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during the Republic of Vietnam War.  This document shows the unit,
to which the applicant was assigned, 1st Battalion, 8th Artillery, was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Order Number 48, dated
1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Order Number 51, dated
1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the award of a
unit citation.

2.  Orders show that the 1st Battalion, 8th Artillery was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while the applicant was assigned to the unit.  Therefore, he is entitled to
correction of his records to show these foreign unit awards.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1968, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 25 June 1971.  Although
the applicant did not file within the ABCMR's statue of limitations, it is
appropriate to waive failure to timely file in this case.




BOARD VOTE:

___jtm___  ___pbf __  ___rch___  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 showing the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.




                                  _________John T. Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003929                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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