RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 November 2007
      DOCKET NUMBER:   AR20060005177


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 records be corrected to
reflect his award of the Good Conduct Medal, bronze service stars for his
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation, the Presidential Unit Citation (PUC), the
Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the
Republic of Vietnam Civil Action Honor Medal (RVNCAHM) First Class Unit
Citation, and any other awards to which he is entitled.

2.  The applicant states that his awards were omitted from his DD Form 214
upon his separation from the service.

3.  The applicant provides a copy of his DD Form 214, a copy of a letter
from the National Personnel Records Center (NPRC), a copy of orders
awarding him the Air Medal (AM) and the Good Conduct Medal (GCMDL), a copy
of his Enlisted Qualification Record (DA Form 20), and a copy of orders
promoting him to the pay grade of E-5.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 February 1969.  The application submitted in this case is
dated 3 April 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.  He was inducted in Atlanta, Georgia, on 28 February 1967.  He completed
his basic combat training at Fort Benning, Georgia and his advanced
individual training (AIT) at Fort Jackson, South Carolina.

4.  Upon completion of his AIT, he was transferred to Vietnam on 5 August
1967 and was assigned to Troop D, 1st Squadron, 9th Cavalry Regiment, 1st
Cavalry Division (Airmobile), for duty as an infantry direct fire crewman.
He was promoted to the pay grade of E-5 on 4 June 1968 and departed Vietnam
on 5 August 1968 for assignment to Fort Knox, Kentucky.
5.  He remained at Fort Knox until he was honorably released from active
duty (REFRAD) on 27 February 1969 due to the expiration of his term of
service (ETS).  He had served 2 years of total active service and his DD
Form 214 issued at the time of his REFRAD shows he was awarded the Combat
Infantryman Badge (CIB), the Vietnam Service Medal (VSM), the Republic of
Vietnam Campaign Medal (RVNCM), the Air Medal (AM), the Expert Marksmanship
Qualification Badge with rifle bar, a Letter of Commendation, and the
National Defense Service Medal (NDSM).

6.  On 27 March 2006, the NPRC authorized the issuance of the AM, the Army
Commendation Medal (ARCOM), the NDSM, the VSM, the CIB, the RVNCM, and the
Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The available evidence shows that the applicant was awarded the GCMDL
on 1 February 1969, and that he participated in four campaigns in Vietnam
and thus is authorized to wear four bronze service stars on his already-
awarded VSM.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the VUA during the period he was assigned to the
unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the GCMDL prior to his separation; however
that award was omitted from his DD Form 214 at the time of his REFRAD.
Accordingly, it should be added at this time.

2.  The applicant is also entitled to awards of four bronze service stars
for wear on his already-awarded VSM, the VUA, and the RVNGC w/Palm Unit
Citation.

3.  However, the evidence of record fails to show that the applicant’s unit
was awarded the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM)
First Class Unit Citation, the Presidential Unit Citation (PUC), or the
Meritorious Unit Commendation (MUC) during the time he was assigned to the
unit.  Therefore, lacking evidence to the contrary, there appears to be no
basis to award him those awards at this time.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 February 1972.  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:

________  ________  ________  GRANT FULL RELIEF

__CG ___  ___TR __  ___PT __  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 that he was
awarded the GCMDL and by awarding him the VUA, the RVNGC w/Palm Unit
Citation, and four bronze service stars for wear on his already-awarded
VSM, and adding these awards to his records as well.

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
awards of the RVNCAHM, the PUC, and the MUC.




                            _____Curtis Greenway_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005177                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19690227                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(partial GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |gcmdl                                   |
|107.0056                |                                        |
|2.107.0094              |Rvngc                                   |
|3.107.0033              |vua                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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