RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 November 2006
      DOCKET NUMBER:   AR20060005185


      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 awards of four bronze service stars, the Republic of Vietnam
Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of
Vietnam Civil Actions Honor Medal (RVNCAHM) Unit Citation, the Marksman
Marksmanship Qualification Badge with Automatic Rifle and M-16 Rifle bars,
the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA) and any
other awards and decorations to which he is entitled.

2.  The applicant states, in effect, that all of his authorized awards were
not included on his DD Form 214 at the time of his release from active duty
(REFRAD).

3.  The applicant provides a copy of his DD Form 214, a letter from the
National Personnel Records Center (NPRC), a copy of his Enlisted
Qualification Record (DA Form 20), a copy of orders awarding his unit the
Meritorious Unit Commendation (MUC), a copy of orders awarding him the Good
Conduct Medal (GCMDL), orders showing that he qualified Expert with the M-
16 rifle and orders showing he familiarized with the Automatic Rifle.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1968.  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.  The applicant enlisted in Atlanta, Georgia, on 7 February 1966 for a
period of 3 years.  He completed his training at Fort Benning, Georgia and
was transferred to Fort Bragg, North Carolina for assignment to Company B,
92nd Engineer Battalion (Construction), for duty as a mason.  He was
advanced to the pay grade of E-4 on 25 January 1967.

4.  On 2 May 1967, he was transferred to Vietnam with his unit.  He
extended in Vietnam until 11 December 1968, when he was transferred to
Oakland Army Base, California, where he was honorably REFRAD on 11 December
1968 as an overseas returnee.  He had served 2 years, 10 months and 5 days
of total active service and his DD Form 214 issued at the time of REFRAD
shows he was awarded the National Defense Service Medal (NDSM), the Vietnam
Service Medal (VSM), the Republic of Vietnam Campaign Medal, the GCMDL, and
the MUC.

5.  A review of the available records show that the applicant qualified
expert with the M-16 rifle and orders awarded him the Expert Marksmanship
Qualification Badge with M-16 rifle bar.  He also familiarized with the
automatic rifle and M-60 machine gun; however, orders are not issued for
familiarization training.  His records also show that he participated in
six campaigns while in Vietnam and thus is authorized to wear one silver
and one bronze service star on his already awarded VSM to denote his
campaign participation.

6.  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, the MUC and the Republic of Vietnam Civil Actions
Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he
was assigned to the unit.  There is no indication that his unit received
the PUC or the VUA during period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in six campaigns while in Vietnam and thus is
entitled to be awarded one silver and one bronze service star for wear on
his already awarded VSM.

2.  The applicant’s unit was also awarded the RVNGC w/Palm Unit Citation
and the RVNCAHM-FC Unit Citation during the period he served with the unit
in Vietnam.  Accordingly, he is entitled to be awarded those awards as
well.



3.  The applicant qualified expert with the M-16 rifle and is entitled to
have the Expert Marksmanship Badge with rifle bar added to his records.
However, he is not entitled to have marksmanship badges awarded for those
weapons in which he only participated in familiarization training.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 December 1971.  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 awarding him the RVNGC
w/Palm Unit Citation, the RVNCAHM-FC, one silver and one bronze service
star for wear on his already awarded VSM and by showing that in addition to
those awards, that he was awarded the Expert Marksmanship Badge with M-16
Rifle Bar.

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
showing that he was awarded the PUC, the VUA and the Marksmanship
qualification badge for the automatic rifle.



                            _____Curtis Greenway______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005185                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19681211                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.46     |107.0000/awds                           |
|2.189                   |110.0000/corr 214                       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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