RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060008732


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |M. Jeffrey C. Redmann             |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that his 31 December 1968 Separation
Document (DD Form 214) does not include the Bronze Star Medal (BSM) and the
Army Commendation Medal (ARCOM) in the list of awards in Item 24
(Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons
Awarded or Authorized), and does not document his service in the Republic
of Vietnam (RVN) and United States Army, Europe (USAREUR).

2.  The applicant states, in effect, that the items in questions were not
properly entered on his final DD Form 214 due to administrative error.

3.  The applicant provides BSM and ARCOM award orders and unit deployment
orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 December 1968, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated
25 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's record shows he initially enlisted in the Regular Army
(RA) and entered active duty on 6 October 1948.  His Enlisted Qualification
Record (DA Form 20) shows that he attained the rank of master sergeant
(MSG) on
22 December 1966, and that this is the highest rank he attained while
serving on active duty.  It also shows he completed overseas tours in
Germany (4), Korea, and the Republic of Vietnam (RVN) from 13 February 1967
through 3 February 1968.  During his RVN tour, he was assigned as the
Operations Sergeant for Headquarters Battery, 1st Howitzer Battalion, 92nd
Artillery through
15 September 1967, and as the First Sergeant of C Battery of the same
organization from 16 September 1967 through 2 February 1968.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina, Letter
Orders Number 2631, dated 22 November 1966, which includes a roster of unit
personnel, including the applicant, that would be moving with the
organization.  These orders directed the deployment of the 1st Howitzer
Battalion, 92nd Artillery to the RVN, effective 13 February 1967.

5.  The applicant's MPRJ also includes Headquarters, I Field Force Vietnam
Artillery, General Orders Number 27, dated 9 May 1968.  These orders
awarded the applicant the BSM for meritorious service in the RVN during the
period February 1967 through February 1968.  It also contains Headquarters,
First United States Army General Orders Number 328, dated 16 December 1968,
which awarded the applicant the ARCOM for meritorious service during the
period March 1968 through December 1968.

6.  On 31 December 1968, the applicant was honorably REFRAD for the purpose
of retirement.  The DD Form 214 he was issued shows that he completed a
total of 20 years, 2 months, and 25 days of active military service, and
that he completed 11 months and 20 days of overseas service during the
period covered by the DD Form 214.  Item 24 shows that he earned the
following awards during his active duty tenure:  Army of Occupational Medal
with Germany Clasp; National Defense Service Medal; Army Good Conduct Medal
(5); RVN Campaign Medal; Vietnam Service Medal (VSM); and Expert
Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 635-5 (Separations Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The instructions in the current version of the regulation require an
entry documenting the deployed service of active duty Soldiers in the
remarks section of the DD Form 214.  The version of the regulation in
effect at the time of the applicant's separation did not required this
entry; however, it did indicate that the major overseas command in which
the last period of foreign service was performed would be entered in Item
22c (Foreign and/or Sea Service).

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It
states, in pertinent part, that a bronze service star will be worn with
this award to denote each RVN campaign a member is credited with
participating in.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Howitzer Battalion, 92nd
Artillery) received the RVN Gallantry Cross with Palm Unit Citation.  It
also confirms that during this period, participation credit was granted for
the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III,
and TET Counteroffensive 1968 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was deployed to the RVN
with his unit at Fort Bragg and served there from 13 February 1967 through
3 February 1968.  Therefore, it would be appropriate to add the major
command entry "USARPAC” [United States Army, Pacific] to Item 22c, and to
apply current regulatory standards requiring an entry documenting deployed
service in the Remarks section of the DD Form 214 by adding the entry
"REPUBLIC OF VIETNAM SERVICE FROM 13 FEBRUARY 1967 THROUGH 3 FEBRUARY
1968."

2.  The evidence of record also includes orders confirming he was awarded
the BSM and ARCOM for meritorious service while serving on active duty.
Therefore, it would be appropriate to add these awards to the list of
awards contained in Item 24 of his DD Form 214.

3.  Further, based on his service and campaign participation in the RVN,
the applicant is also entitled to the RVN Gallantry Cross with Palm Unit
Citation and 3 bronze service stars with his Vietnam Service Medal, which
should also be added to Item 24 of his separation document at this time.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 31 December 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 30
December 1971.  The applicant did not file within the 3-year statute of
limitations; however, it would be appropriate to waive failure to timely
file based on the relief being granted in this case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JCR _  __DKH __  __RDG__  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 amending his 31
December 1968 DD Form 214 by:

      a.  adding the entry USARPAC to Item 22c and “REPUBLIC OF VIETNAM
SERVICE FROM 13 FEBRUARY 1967 THROUGH 3 FEBRUARY 1968” to
Item 30 (Remarks);

      b.  deleting the current list of awards contained in Item 24 and
replacing it with the entry "Bronze Star Medal, Army Commendation Medal,
National Defense Service Medal, Army Good Conduct Medal (5th Award),
Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam
Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle
Bar"; and

      c.  providing him a correction to his separation document that
includes these changes.

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
his overseas assignments to USAREUR.




                            ____Jeffrey C. Redmann____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060008732                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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