RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2007
      DOCKET NUMBER:  AR20070006383


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his Vietnam
service, the Army Commendation Medal (ARCOM), and his correct rank.

2.  The applicant states that his DD Form 214 does not show his Vietnam
service or his ARCOM and shows his rank as Private First Class (PFC), E-3
instead of Specialist Four (SP4), E-4.

3.  The applicant provides his DD Form 214 for the period ending 28 August
1968; a Certification of Military Service for his service ending 14 October
1971; an ARCOM citation and certificate; an undated letter from
Headquarters, 3d Brigade, 9th Infantry Division, Vietnam; a War Trophy
Registration/Authorization form; and a DD Form 603 (Registration of War
Trophy Firearms).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested correction of his records to show award of the
ARCOM.  There are no orders authorizing award of this decoration to the
applicant, and the dates of service on the ARCOM certificate and citation
he provided indicate periods of service that do not correspond to his
service in Vietnam.  In the absence of a proper award authority for this
decoration, the applicant may request award of the ARCOM under the
provisions of section 1130 of Title 10, U. S. Code.  He has been notified
by separate correspondence of the procedures for applying for this
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 19 December 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 51B (Carpenter).
4.  The applicant was honorably discharged on 28 August 1968 and
immediately reenlisted on 29 August 1968.  His DD Form 214 for the period
ending 28 August 1968 shows he was awarded the National Defense Service
Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-
14).  It shows his rank and grade as PFC, E-3.

5.  The applicant arrived in Vietnam and was assigned to the U. S. Army
Vietnam Transient Detachment on 8 July 1969.  He was reassigned to Company
C, 96th Engineer Battalion on 11 July 1969.

6.  The applicant was promoted to SP4, E-4 on 23 July 1969.

7.  The applicant was reassigned to Company B, 93d Engineer Battalion on
  18 November 1969.  He was reassigned to the 67th Engineer Company on
 26 August 1970.  He departed Vietnam on 17 December 1970 after being
credited with participation in four campaigns.

8.  On 14 April 1971, the applicant was convicted by a summary court-
martial of being absent without leave from on or about 18 February to on or
about 5 April 1971.  His approved sentence was to be reduced to PFC, E-3
and to perform extra duty for 30 days.

9.  There is no evidence of record to show the applicant was promoted to
SP4,   E-4 after his court-martial and before his separation.

10.  The applicant’s DD Form 214 for the period ending 14 October 1971 is
not available.  A Certification of Military Service shows he was honorably
released from active duty on 14 October 1971 in the rank and grade of PFC,
E-3.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Vietnam Service Medal.  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.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Vietnam Service Medal.

13.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with Device (1960) to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

14.  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, at the time of the
applicant's assignment to the 93d Engineer Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 3 August 1967 through 9 February 1970 by Department
of the Army General Orders Number 43, dated 1970.

15.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 28 August 1968 cannot
be amended to show his Vietnam service as he did not arrive in Vietnam
until July 1969, outside of the period covered by this DD Form 214.  Also,
it cannot be amended to show his rank as SP4, E-4 as he was not promoted to
SP4 until July 1969, also outside of the period covered by this DD Form
214.

2.  The applicant’s Vietnam service, and service awards he should have
received for his service in Vietnam, would have been shown on his DD Form
214 for the period ending 14 October 1971.  That DD Form 214 is not
available, and there is no authority to enter this information on his
Certification of Military Service.

3.  Nevertheless, the applicant should be provided an appropriate document
to show his Vietnam service and the service awards he should have received
for his service in Vietnam.  Those awards would have been the Vietnam
Service Medal with four bronze service stars, the Republic of Vietnam
Campaign Medal with Device (1960), the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  As a matter of equity, the
National Defense Service Medal and the Expert Marksmanship Qualification
Badge with Rifle Bar (M-14) should also be shown on this document.

4.  The applicant’s Certification of Military Service shows his rank as
PFC, E-3.  The applicant was reduced to PFC, E-3 by action of court-martial
on 14 April 1971.  There is no evidence of record to show he was promoted
back to SP4,
E-4 after his court-martial.  Therefore, there is insufficient evidence on
which to correct his records to show he was a SP4 at the time of his
separation on
14 October 1971.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __swf___  __rsv___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by providing him an appropriate document to show:

     a.  he served in Vietnam from 8 July 1969 through 17 December 1970;
and

     b.  he was awarded the Vietnam Service Medal with four bronze service
stars, the Republic of Vietnam Campaign Medal with device 1969, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
National Defense Service Medal, and the Expert Marksmanship Qualification
Badge with Rifle Bar (M-14).

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
showing his rank as SP4, E-4 on either his DD Form 214 for the period
ending 28 August 1968 or his Certification of Military Service for his
service ending on 14 October 1971.




                                  ___Linda D. Simmons___
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20070006383                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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