RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060005135


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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 the Vietnam Campaign Medal and/or service medal
and a corrected DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states that his active duty dates should be 21 September
1961 to 28 November 1964.

3.  The applicant provides copies of a DD Form 214 for two separate periods
of service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 November 1964.  The application submitted in this case
is dated 28 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.  On 25 September 1961, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed Basic Combat Training
(BCT) and Advanced Individual Training (AIT).  Upon graduation he was
awarded military occupational specialty (MOS) 711.10, Clerk Typist.  He was
assigned MOS 716.20 Personnel Administrative Specialist on 28 January 1963
which was subsequently changed to MOS 717.10, Administrative Specialist on
24 January 1964.

4.  On 28 November 1961, the applicant was honorably discharged for the
purpose of enlisting in the Regular Army.  He enlisted in the Regular Army
on
29 November 1961 for a period of 3 years.

5.  He was assigned to Vietnam from 31 March 1962 to 9 March 1963.  He was
assigned to 36th Medical Detachment (Dental Service).

6.  On 27 November 1964, the applicant was honorably released from active
duty (REFRAD) and assigned to the U.S. Army Reserve Control Group
(Reinforcement).  His DD Form 214 shows he was awarded the Good Conduct
Medal, the Armed Forces Expeditionary Medal, and the Marksman Marksmanship
Qualification Badge with Rifle Bar.  There are no orders in the available
records to show when he was actually discharged from the U.S. Army Control
Group.

7.  Special Orders Number 231, dated 9 November 1964, published by
Headquarters, Fort Leonard Wood shows the applicant's REFRAD was
27 November 1964.  On the date immediately following his REFRAD he was
transferred to the U.S. Army Reserve Control Group (Reinforcement) to
complete his service obligation.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  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.

9.  Army Regulation 600-8-22, as amended, provides that the National
Defense Service Medal is awarded for honorable active service for any
period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974,
2 August 1990 through 30 November 1995, and 11 September 2001 to a date to
be determined.

10.  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 unit to which the applicant
was assigned was awarded the Meritorious Unit Commendation for the period
February 1963 to September 1963 by Department of the Army General Orders
14, dated 1979

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the Oversea
Service Bar.  In pertinent part, it provides that a bar is authorized for
wear for each period of active Federal service as a member of the U.S. Army
outside of the continental limits of the United States.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.

12.  Army Regulation 635-5 (Personnel Separations – Administrative
Separation Procedures and Forms), then in effect, prescribed uniform
administrative procedures and separation forms to be used in connection
with the relief from active duty or complete separation from the military
service of commissioned officers, warrant officers, and enlisted personnel.
 It provided, in pertinent part, that the DD Form 214 would be issued at
the time of separation to each officer and enlisted person discharged,
retired, relieved from active duty, or released from 6 months active duty
for training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served within a time frame authorized for the Republic of
Vietnam Campaign Medal with Device 1960.  Therefore, he is entitled a
correction of his records to reflect this award and to have it added to his
DD Form 214.

2.  The applicant served within a time frame authorized for the National
Defense Service Medal.  Therefore, he is entitled to a correction of his
records to reflect this award and to have it added to his DD Form 214.

3.  The unit to which the applicant was assigned was authorized the
Meritorious Unit Commendation.  Therefore, he is entitled to a correction
of his records to show this award and to have it added to his DD Form 214.

4.  The applicant served in excess of 11 months in Vietnam and is entitled
to have two Overseas Service Bars added to his DD Form 214.

6.  The applicant's DD Form 47 (Record of Induction) clearly shows he was
inducted on 25 September 1961.  There is no other documentation to show
this date was amended to 21 September 1961 as the applicant alleges.
Additionally, the applicant has not supplied any document to support any
change of this date.  Therefore, he is not entitled to a change of entry
date on his DD Form 214 for the period 25 September 1961 to 28 November
1961.

7.  The applicant's DD Form 4 (Enlistment Record – Armed Forces of the
United States) shows he enlisted on 29 November 1961 the day following his
discharge from the Army of the United States.  Normally, the applicant
would be separated 3 years later minus one day.  However, should his REFRAD
date fall on a weekend this date could be adjusted to an earlier or later
date depending on the needs of the Army.  His separation order clearly
shows his REFRAD date as being 27 November 1961.  The available records
show he was immediately reassigned to the U.S. Army Reserve Control
(Reinforcement) the following day. The applicant mistakenly assumes he was
discharged on 27 November 1964 when in fact he was only honorably released
from active duty.  The applicant has not provided any document to support
any change to his REFRAD date.   His actual date of discharge from the Army
is unknown.  The discharge order from the U.S. Army Control Group is not a
matter of record.  Therefore, he is not entitled to a correction of his
REFRAD date on his DD Form 214 for the period
29 November 1961 to 27 November 1964.

8.  Army Regulation 635-5, in effect at the time, authorized separate DD
Forms 214 for each period of service during the time frame the applicant
served on active duty.  Therefore, the applicant's two DD Forms 214 are
correct as currently shown as pertains to dates of entry and separation.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 November 1964; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 November 1967.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rtd___  __ded___  __lwr___  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 Vietnam
Campaign Medal with Device 1960, the National Defense Service Medal, the
Meritorious Unit Commendation, and two Overseas Service Bars.

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
changing the entry and separation dates on his DD Forms 214.



                                  Richard T. Dunbar
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005135                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0072                                |
|2.                      |107.0034                                |
|3.                      |107.0069                                |
|4.                      |100.0200                                |
|5.                      |                                        |
|6.                      |                                        |


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