RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060005733


      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, in effect, any and all awards he may be
entitled to as a result of tours of duty in Vietnam and Germany, to include
the Presidential Unit Citation, the Vietnam Service Medal with 2 or 3
bronze service stars, the Vietnam Campaign Medal, the Meritorious Unit
Citation, the Valorous Unit Citation (sic), and the Sharpshooter
Marksmanship Qualification Badge for the M-14 and M-16 Rifles.

2.  The applicant states he discovered the missing awards upon receiving a
copy of his military records from the National Personnel Records Center
(NPRC) to assist in his claim with the VA (Department of Veterans Affairs).

3.  The applicant provides a copy of various documents contained in his
Official Military Personnel File (OMPF).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests nothing additional on behalf of the applicant.

2.  Counsel states nothing additional on behalf of the applicant.

3.  Counsel provides additional documentation on behalf of the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 March 1971.  The application submitted in this case is
dated
10 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.  On 12 July 1970, the applicant enlisted in the Regular Army for a
period o
3 years.  He completed both basic combat training (BCT) and advanced
individual training (AIT).  Upon graduation he was awarded military
occupational specialty (MOS) O5C4O, Radio Teletype Operator.

4.  He served in Germany from 17 March 1969 to 23 March 1970.  He was
reassigned to Vietnam from 9 May 1970 to 17 March 1971 where he served with
Headquarters and Headquarters Battery (HHB), Division Artillery, 25th
Infantry Division; HHB, 1st Battalion, 8th Artillery, 25th Infantry
Division; and Battery C, 1st Battalion, 8th Artillery, 25th Infantry
Division.

5.  On 18 March 1971, the applicant was honorably released from active duty
and transferred to the U.S. Army Reserve Control Group (Reinforcement).
His DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Good
Conduct Medal, the Army Commendation Medal, and the Purple Heart.  He was
subsequently honorably discharged from the U.S. Army Reserve Control Group
(Standby) on 1 July 1974.

6.  AR 600-8-22 (Military Awards), in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The applicant served
in Vietnam during two campaigns – Sanctuary Counteroffensive, which
extended from 1 May through 30 June 1970 and Vietnam Counteroffensive,
Phase VII, which extended from
1 July 1970 through 30 June 1971.

7.  Special Orders Number 213, dated 5 September 1968, published by
Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia
awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle
Bar.

8.  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.

9.  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 show the units to which the applicant
was assigned were awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period 1 September 1968 to 30 September 1970 by
Department of the Army General Orders 5, dated 1973.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Presidential Unit Citation (known as the Distinguished Unit
Citation until 3 November 1966) is awarded for extraordinary heroism in
action.  A unit must display such gallantry, determination and esprit de
corps in accomplishing its mission as would warrant award of the
Distinguished Service Cross to an individual.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Meritorious Unit Commendation is awarded for outstanding wartime
service of at least 6 continuous months.  Stateside units and those outside
the area of operations are excluded.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Valorous Unit Award to units of the Armed Forces of
the United States for extraordinary heroism in action against an armed
enemy of the United States while engaged in military operations involving
conflict with an opposing foreign force or while serving with friendly
foreign forces engaged in an armed conflict in which the United States is
not a belligerent party for actions occurring on or after 3 August 1963.
This award requires a lesser degree of gallantry, determination, and esprit
de corps than required for the Presidential Unit Citation. Nevertheless,
the unit must have performed with marked distinction under difficult and
hazardous conditions in accomplishing its mission so as to set it apart
from and above other units participating in the same conflict.  The degree
of heroism required is the same as that which would warrant award of the
Silver Star to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which are
not correctly shown by award of two bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with two
bronze service stars and correction of his DD Form 214 to show these
awards.

2.  Special Orders show the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with M-14 Rifle Bar.  Therefore, he is
entitled to have this badge correctly reflected on his DD Form 214.

3.  There are no Special Orders authorizing the applicant the Sharpshooter
Marksmanship Qualification Badge for the M-16 Rifle and the applicant has
not provided a copy such orders.  The orders cited on his DA Form 20
(Enlisted Qualification Record) are only for the M-14 Rifle.  Therefore,
the applicant is not entitled to a correction of his DD Form 214 to reflect
this badge.

4.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award and to have it added to his DD Form 214.

5.  The applicant served 10 months and 9 days in Vietnam and is entitled to
have one Overseas Service Bar added to his DD Form 214.

6.  The applicant has already been awarded the Republic of Vietnam Campaign
Medal on his DD Form 214.  Therefore, no correction is required.

7.  There is no evidence that the applicant's unit was authorized the
Presidential Unit Citation, the Meritorious Unit Citation, and the Valorous
Unit Award during the time frame he was assigned to the unit.  Therefore,
he is not entitled to have these awards added to his DD Form 214.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
17 March 1974.  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:

      a.  deleting the Vietnam Service Medal from his DD Form 214 of 18
March 1971 and

      b.  adding the Vietnam Service Medal with two bronze service stars,
Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one
Overseas Service 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
adding the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle
Bar, the Presidential Unit Citation, the Meritorious Unit Citation, and the
Valorous Unit Award.



                                  Richard T. Dunbar
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005733                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0109                                |
|2.                      |107.0094                                |
|3.                      |107.0033                                |
|4.                      |107.0034                                |
|5.                      |107.0031                                |
|6.                      |                                        |


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