RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 December 2006
      DOCKET NUMBER:   AR20060006434


      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. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 his report of separation (DD Form 214) be
corrected to reflect his awards of the Vietnam Service Medal (VSM) with two
bronze service stars, the Combat Infantryman Badge (CIB), the Expert
Infantryman Badge (EIB), the Expert Marksmanship Qualification Badge with
rifle bar, 15 Letters of Appreciation, six letters of Commendations, and
his attendance at the Noncommissioned Officer (NCO) Academy in 1964.

2.  The applicant states, in effect, that the awards and his attendance at
the NCO Academy were omitted from his DD Form 214 at the time of his
separation and he now desires to have his records corrected.

3.  The applicant provides a copy of his DD Form 214, a letter from the
National Personnel Records Center (NPRC), and a copy of orders awarding him
the CIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 February 1969.  The application submitted in this case is
dated 20 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 enlisted in the Regular Army on 29 August 1958 for a period of 3
years.  He completed his training at Fort Jackson, South Carolina and was
transferred to Hawaii for duty as a light weapons infantryman.  He was
advanced to the pay grade of E-4 on 1 August 1960.  He completed his tour
in Hawaii and was transferred to Fort Benning, Georgia.  He was awarded the
EIB on 21 December 1961 and was promoted to the pay grade of E-5 on 8 March
1962.  On 8 September 1963, he as transferred to Germany and on 5 May 1964,
he graduated from a 4-week NCO Academy.

4.  He was promoted to the pay grade of E-6 on 18 August 1965 and on 29
April 1966, he departed Germany for assignment to Fort Lewis, Washington,
where he was promoted to the pay grade of E-7 on 18 January 1967.  While at
Fort Lewis, he attended and completed a 5-week Drill Sergeant Course and
was awarded the Drill Sergeant Identification Badge.

5.  On 12 December 1967, he was transferred to Vietnam and was assigned to
Company A, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade,
for duty as a platoon sergeant.

6.  On 31 January 1968, he was wounded in action against the enemy and
sustained gunshot wounds to the right hand and hip.  He was awarded the
CIB, Purple Heart, and the Bronze Star Medal (BSM) with “V” Device for that
action and was medically evacuated to Fort Gordon, Georgia, where he
remained until he was permanently retired by reason of physical disability,
with a 70% disability rating.  He had served 10 years, 5 months, and 27
days of total active service and his DD Form 214 issued at the time of his
separation shows that he was awarded the National Defense Service Medal,
the Purple Heart, the BSM with “V” Device, the VSM, the Valorous Unit
Award, the Army Commendation Medal, the Republic of Vietnam Campaign Medal
with Device “1960”, and the Good Conduct Medal (2nd award).

7.  A review of the applicant’s records shows that he was awarded the
Expert Marksmanship Qualification Badge with automatic rifle bar and the
Marksman Marksmanship Qualification Badge with rifle bar.

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 Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  Additionally, he participated in two campaigns in Vietnam and is
authorized to wear two bronze service stars on his already awarded VSM.

9.  Army Regulation 635-5, in effect at the time, served as the authority
for the preparation of the DD Form 214.  It provided, in pertinent part,
that letters of commendation and/or achievement as well as certificates of
achievement and or appreciation were not authorized for entry on the DD
Form 214.

10.  Army Regulation 640-10, in effect at the time, served as the authority
for filing of documents in military personnel records.  It provided, in
pertinent part, that letters of commendation and/or achievement as well as
certificates of appreciation and/or achievement would be filed permanently
in military personnel records; however, no entries were authorized to be
made in item 41 of the DA Form 20 (Enlisted Qualification Record) under
Awards and Decorations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the VSM with two bronze service stars, the
CIB, the EIB, the Drill Sergeant Identification Badge, the Expert
Marksmanship Qualification Badge with automatic rifle bar, and the Marksman
Marksmanship Qualification Badge with rifle bar; however, those awards were
omitted during the preparation of his DD Form 214. Accordingly, it would be
in the interest of justice to add those awards to his DD Form 214 at this
time.

2.  The applicant also attended a 4-week NCO Academy in 1964 and is
entitled to have that course reflected in item 25 of his DD Form 214 as
well.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is
also entitled to have those awards added to his records at this time as
well.

4.  The applicant’s contention that his Letters of Appreciation and
Commendation should be added to his DD Form 214 has been noted and found to
lack merit.  The applicable regulations in effect at the time prohibited
the entries of such letters on the DD Form 214.  Accordingly, there is no
basis to add those letters to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 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

___JS __  ___LE___  ___MF __  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 VSM with two bronze service stars (vice VSM), the CIB, the EIB,
the Drill Sergeant Identification Badge, the Expert Marksmanship
Qualification Badge with automatic rifle bar, the Marksman Marksmanship
Qualification Badge with rifle bar, the RVNGC w/Palm Unit Citation, and the
RVNCAHM-FC Unit Citation, and by showing that he attended the NCO Academy
for 4 weeks in 1964

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 Letters of Appreciation and Commendation to his DD Form 214.




                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006434                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |189/corr 214                            |
|110.0000                |                                        |
|2.107.0000              |46/dec/awd                              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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