RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060007995


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Edward Montgomery             |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal
(RVNCM).

2.  The applicant states he served in Vietnam and his current DD Form 214
does not reflect these medals.

3.  The applicant provides a copy of his DD Form 214 and his reassignment
orders to the Transfer Point at Fort Lewis, Washington.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 8 September 1971.  The application submitted in this case is dated 23
May 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 the Regular Army on 15 September 1969 for a
period of two years.  He completed basic combat training at Fort Dix,
New Jersey and was reassigned to Fort Sam Houston, Texas for advanced
individual training (AIT).  At the completion of AIT, he was awarded
military occupational specialty 91B (Medical Specialist).  He was
reassigned to the U.S. Army Hospital at Fort Gordon, Georgia on 22 March
1970.

4.  Headquarters, U.S. Army Medical Detachment Activity, Fort Gordon,
Georgia, Special Orders Number 196, dated 30 September 1970, reassigned the
applicant to the Overseas Replacement Station at Fort Lewis, Washington on
25 November 1970.

5.  The applicant was reassigned to the U.S. Army Medical Command
Replacement Detachment in Vietnam on 8 December 1970.


6.  Headquarters, U.S. Army Medical Command, Vietnam, Special Orders Number
347, dated 13 December 1970, further assigned the applicant to the 95th
Evacuation Hospital in Vietnam on 15 December 1970.

7.  The applicant was reassigned to the 126th Medical Detachment in Vietnam
on 17 December 1970.

8.  The applicant was promoted to specialist five on 24 March 1971 by
Headquarters, U.S. Army Medical Command, Vietnam, Special Orders
Number 088, dated 29 March 1971.

9.  Headquarters, U.S. Army Medical Command, Vietnam, Special Orders Number
179, dated 28 June 1971, reassigned the applicant from the 126th Medical
Detachment, Vietnam to the U.S. Army Transfer Station, Fort Lewis,
Washington on 7 September 1971 for separation.  These orders show he served
10 months overseas.  He received campaign credit for participation in the
Vietnam Counteroffensive Phase VII Campaign and the Consolidation I
Campaign.

10.  The applicant was separated from active duty on 8 September 1971 on
temporary records and the Soldier’s affidavit.  His DD Form 214 shows he
was awarded the National Defense Service Medal.

11.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross (RVNGC) with Palm Unit Citation.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the VSM.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
RVNCM.  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.




14.  Army Regulation 600-8-22, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from
December 1970 to September 1971.  Therefore, he served a period of
qualifying service for award of the VSM and the RVNCM.

2.  The applicant received campaign credit for participation in the Vietnam
Counteroffensive Phase VII Campaign and the Consolidation I Campaign during
the Vietnam War.  Therefore, he is authorized two bronze service stars for
wear on the VSM.

3.  All units in Vietnam were awarded the RVNGC with Palm Unit Citation
based on Department of the Army General Orders Number 8, dated 1974.
Therefore, this foreign unit award should be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 September 1974.  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:

BI______  RG______  EM______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 the VSM with two bronze service stars,
the RVNCM, and the RVNGC with Palm Unit Citation.




                            Bernard Ingold________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060007995                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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