RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060014034


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Rodney E. Barber              |     |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 the Meritorious Unit
Commendation (MUC) and Republic of Vietnam Gallantry Cross (RVNGC) with
Palm Unit Citation be added to the list of awards contained in Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his 21 August 1972 Separation Document (DD Form
214).

2.  The applicant states, in effect, that these awards were authorized
subsequent to his separation and were retroactive.  Therefore, he requests
they be added to the list of awards contained in Item 24 of his DD Form
214.

3.  The applicant provides his DD Form 214 and an Internet Document on the
MUC and RVNGC with Palm Unit Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 August 1972, the date of his release from active duty
(REFRAD). The application submitted in this case is dated 23 September
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 enlisted in the Regular Army and
entered active duty on 17 November 1969.  He was trained in, awarded, and
served in military occupational specialty (MOS) 71B (Clerk Typist), and the
highest grade he attained while serving on active duty was specialist four
(SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 26 June 1970 through 25 May
1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Headquarters and Headquarters Detachment (HHD), 21st Signal
Group, performing duties in MOS 71B as a company clerk.


5.  On 21 August 1972, the applicant was honorably REFRAD after completing
a total of 2 years, 9 months, and 5 days of active military service.  Item
24 of the  DD Form 214 he was issued shows he earned the following awards
during his active duty tenure:  National Defense Service Medal; Vietnam
Service Medal with 2 bronze service stars; RVN Campaign Medal with 60
Device; Army Good Conduct Medal; and Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

6.  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 the applicant’s unit
(HHD, 21st Signal Group) was awarded the MUC for the period 6 Jun 66
through 6 Jun 68, in Department of the Army General Order (DAGO) Number 73,
issued in 1968.  There is no indication that the unit received the MUC for
any period during the applicant's tenure of assignment.

7.  DAGO Number 8, dated in 1974, authorized the award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned
to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MUC and RVNGC with Palm Unit
Citation should be added to the list of awards contained in Item 24 of his
DD Form 214 was carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant is entitled to the RVNGC
with Palm Unit Citation based on his service in the RVN.  Therefore, it
would be appropriate to add this award to the list of awards contained in
Item 24 of his separation document at this time.

3.  The applicant's claim of entitlement to the MUC was also carefully
considered; however, although his RVN unit received the MUC for the period
6 Jun 66 through 6 Jun 68, there is no indication that it received an award
of the MUC during the applicant's tenure of assignment, which was from 26
June 1970 through 25 May 1971.  As a result, there is an insufficient
evidentiary basis to support granting this portion of the requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ENA__  ___AU __  __REB __  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 his entitlement
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by
providing him a correction to his separation document that includes this
award.

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 the Meritorious Unit Commendation to the list of awards contained on
his separation document.




                            _____Eric N. Andersen ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/08/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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