RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 October 2006
      DOCKET NUMBER:   AR20060004726


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 that his records be corrected to reflect his
awards of the Bronze Star Medal (BSM) with one oak leaf cluster (BSM
w/1OLC) and the Army Commendation Medal (ARCOM) with two oak leaf clusters
(ARCOM w/2OLC).

2.  The applicant states that his report of separation (DD Form 214) does
not reflect his awards of the BSM w/1OLC and the ARCOM w/2OLC.

3.  The applicant provides copies of his BSM and ARCOM Certificates that
document all of his requested awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1977.  The application submitted in this case is dated
21 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 was born on 20 August 1936 and enlisted in Indianapolis,
Indiana on 6 August 1954.  He remained on active duty through a series of
continuous reenlistments.  He served the majority of his service as a field
artillery crewman and was promoted to the pay grade of E-7 on 18 February
1969.

4.  His records show that he served two tours in Vietnam from April 1968 to
November 1969 and from February 1971 to January 1972 and that he
participated in nine campaigns.

5.  On 31 March 1977, he was honorably released from active duty (REFRAD)
and was transferred to the United States Army Control Group (Retired)
effective 1 April 1977.  He had served 22 years, 7 months and 25 days of
total active service and his DD Form 214 issued at the time of his REFRAD
indicates that he was awarded the Good Conduct Medal (5th award), the
National Defense Service Medal, the Vietnam Service Medal (VSM), the
Republic of Vietnam Campaign Medal, the Meritorious Unit Commendation, the
ARCOM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
the Drill Sergeant Identification Badge.

6.  A review of the applicant’s official records indicate that in addition
to the awards listed, the applicant was also awarded the BSM with 1OLC, the
ARCOM with 2OLC, the Expert Marksmanship Badge with M-14 and M-16 Rifle
Bars, the Sharpshooter Marksmanship Badge with Carbine Bar and one silver
and four bronze service stars for wear on his VSM to denote his campaign
participation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to
reflect the awards of the BSM w/1OLC and the ARCOM w/2OLC has been noted
and found to have merit.  His official records confirm that he received
those awards and they should be added to his DD Form 214 dated 31 March
1977.

2.   Additionally, the applicant was awarded the Expert Marksmanship Badge
with M-14 ad M-16 Rifle bars, the Sharpshooter Marksmanship Badge with
Carbine Bar and one silver and 4 bronze service stars for wear on his
already awarded VSM to denote his campaign participation.  Accordingly, it
would be in the interest of justice to add those awards to his DD Form 214
at this time as well.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 March 1980.  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:

__JI ____  ___GP __  ___KJ    _  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 on his DD Form 214 dated 31
March 1977, that he was awarded the BSM with 1OLC, the ARCOM with 2OLC
(vice the ARCOM that is currently reflected), the Expert Marksmanship Badge
with M-14 and M-16 Rifle Bars, the Sharpshooter Marksmanship Badge with
Carbine Bar and one silver and four bronze service stars for wear on his
VSM to denote his campaign participation.





                            _____   John Infante_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004726                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19770331                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46.DE                                   |
|1.107.0000              |                                        |
|2.110.0000              |189/CORR 214                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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