RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060005905


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry 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 that item 6 (Date of Rank) on his DD Form 214
(Report of Transfer or Discharge) be corrected to show 29 May 1967.  He
also requests that his DD Form 214 be corrected to show award of the Army
Commendation Medal and the Republic of Vietnam Campaign Medal with Device
1960.

2.  The applicant states, in effect, that orders show he was promoted to
specialist five on 29 May 1967 and he was awarded the Army Commendation
Medal on
28 June 1968.  He also states that it is his understanding that if a
veteran served in “Headquarters” during 1 June 1965 to 31 December 1966
they were entitled to receive the Republic of Vietnam Campaign Medal with
Device 1960.  He points out that he served in Headquarters, 2d Logistical
Command.

3.  The applicant provides promotion orders, dated 29 May 1967; a citation
and award certificate for the Army Commendation Medal; a partial roster for
Headquarters, 2d Logistical Command as of 15 July 1967; a copy of his DD
Form 214; a letter, dated 6 June 2006; a recommendation for appointment,
dated
16 May 1967; and orders for the Good Conduct Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 June 1968.  The application submitted in this case is dated 18 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the Army
Commendation Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, they will not be discussed further in this Record of Proceedings.
4.  The applicant was inducted on 27 July 1966.  His DA Form 20 (Enlisted
Qualification Record) shows he served as an administrative specialist in
Okinawa from 23 December 1966 through 27 June 1968.  On 28 June 1968, the
applicant was released from active duty in the rank of specialist five.

5.  Item 6 on the applicant’s DD Form 214 shows his date of rank as 29
April 1968.  His DD Form 214 shows the National Defense Service Medal, the
Good Conduct Medal, and the Expert Marksmanship Qualification Badge with
Rifle Bar as authorized awards.

6.  Headquarters, 2d Logistical Command Special Orders Number 130, dated
29 May 1967, show the applicant was promoted to the temporary rank of
specialist five.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Republic of Vietnam Campaign Medal with Device 1960.  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.
Such individuals must meet the criteria established for the Armed Forces
Expeditionary Medal (Vietnam or the Vietnam Service Medal.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  Paragraph 2-13d specifically provides that individuals qualified
for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July
1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  The regulation also states that
members of the Armed Forces of the United States in Thailand, Laos, or
Cambodia, or the airspace thereover, during the same period and serving in
direct support of operations in Vietnam are also eligible for this award.


DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was promoted to the temporary rank of
specialist five on 29 May 1967.  Therefore, item 6 on his DD Form 214
should be corrected to show this date.

2.  The applicant did not serve a period of qualifying service for award of
the Republic of Vietnam Campaign Medal with Device 1960.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 28 June 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 27 June
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

RD_____  __DD____  _LR____  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 entry in item 6 on his DD Form 214; and

      b.  adding the entry, “29 May 67” in item 6 on his DD Form 214.

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 award of the Republic
of Vietnam Campaign Medal with Device 1960.




                            ___Richard Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005905                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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