RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060008404


      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 that the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Vietnam Service Medal with three bronze
service stars, the Presidential Unit Citation, the “VUC” (correctly known
as the Valorous Unit Award), the Meritorious Unit Commendation, and any
other awards to which he is entitled be added to item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states that these awards were omitted when he left
Vietnam and when he was separated from the Army.

3.  The applicant provides a copy of his DD Form 214; his DA Form 20
(Enlisted Qualification Record); his award certificate for the Purple
Heart; his award certificate for the Bronze Star Medal; and his Honorable
Discharge Certificate.

CONSIDERATION OF EVIDENCE:

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

on 8 March 1971.  The application submitted in this case is dated 5 June
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 7 June 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 76P (Stock Control and Accounting
Specialist).

4.  He was assigned to Vietnam on 14 February 1969 with Headquarters and
Headquarters Battery, 25th Infantry Division Artillery.

5.  The applicant departed Vietnam on 5 March 1970.  He received credit for
participation in the Vietnam Counteroffensive Phase VI Campaign, the Tet 69
Counteroffensive Campaign, the Vietnam Summer-Fall 1969 Campaign, and the
Vietnam Winter-Spring 1970 Campaign.
6.  The applicant was honorably released from active duty on 8 March 1971.
His DD Form 214 shows he was awarded the National Defense Service Medal,
two Oversea Service Bars, the Army Good Conduct Medal (First Award), the
Bronze Star Medal, the Army Commendation Medal, the Purple Heart, the
Marksman Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal
with two bronze service stars, and the Republic of Vietnam Campaign Medal
with 1960 Device.

7.  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 shows that the applicant’s unit,
Headquarters and Headquarters Battery, 25th Infantry Division Artillery,
was cited for award of the Meritorious Unit Commendation for actions during
the period 1 January 1968 to 30 September 1968 by Department of the Army
General Orders Number 39, dated 1970.  The applicant was not assigned to
this unit in Vietnam during this period.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to Headquarters and Headquarters Battery, 25th Infantry Division
Artillery, this unit was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation by Department of the Army
General Orders Number 51, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to Headquarters and Headquarters Battery, 25th
Infantry Division Artillery, it was cited for award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department
of the Army General Orders Number 5, dated 1973.

10.  Department of the Army Pamphlet 672-3 does not show that Headquarters
and Headquarters Battery, 25th Infantry Division Artillery was cited for
award of the Presidential Unit Citation and the Valorous Unit Award.

11.  Army Regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-3 shows the applicant was assigned
to Headquarters and Headquarters Battery, 25th Infantry Division Artillery
during a period it was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  However, he was not assigned to
this unit during the period it was cited for award of the Meritorious Unit
Commendation.  Therefore, only the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation should be added to his DD Form 214.

2.  Department of the Army Pamphlet 672-3 does not show Headquarters and
Headquarters Battery, 25th Infantry Division Artillery was cited for award
of the Presidential Unit Citation or the Valorous Unit Award.  Therefore,
these awards should not be added to his DD Form 214.

3.  The applicant’s DD Form 214 currently reflects the Vietnam Service
Medal with two bronze service stars.  However, he received credit for
participation in four campaigns during the Vietnam War.  Therefore, two
additional bronze service stars should be added for wear on his Vietnam
Service Medal.

4.  There is no evidence of record which indicates the applicant is
entitled to any additional awards.

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

________  ________  ________  GRANT FULL RELIEF

BI______  RG______  EM______  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 adding the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 on
his DD Form 214 and by authorizing him to wear four (instead of the two
already shown) bronze service stars on his already awarded Vietnam Service
Medal.

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
the Meritorious Unit Commendation, the Presidential Unit Citation, the
Valorous Unit Award, and any additional awards.




                            Bernard Ingold________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008404                           |
|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 PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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