RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        06 September 2007
      DOCKET NUMBER:  AR20070004027


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones, II            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 Report of Transfer or
Discharge (DD Form 214) for the period covering 13 November 1964 through 29
August 1967 be corrected to show his entitlement to three Bronze Service
Stars; the Valorous Unit Award; and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation for his service in Vietnam.  He also requests that
his DD Form 214 be corrected to show that he had 3 years, 3 months and 19
days of foreign and/or sea service.

2.  The applicant states, in effect, that errors were made during the
preparation of his DD Form 214 which resulted in the omission of these
decorations.

3.  The applicant provides no additional documentation in support of his
application.

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.  On 30 September 1963, the applicant enlisted in the Army in Milwaukee,
Wisconsin, for 3 yeas in the pay grade of E-1.  He successfully completed
his training as a personnel specialist.  He was transferred to Germany on
14 February 1964.

3.  On 12 November 1964, the applicant was honorably released from active
duty (REFRAD) for the purpose of immediate reenlistment.  The DD Form 214
that he was furnished at the time of his release from active duty shows
that he completed 1 year, 1 month and 13 days of net active service.




4.  The applicant was in Germany on 13 November 1964, when he reenlisted in
the Army for a period of 3 years.  He was transferred to Vietnam on 24 June
1965.

5.  While in Vietnam, the applicant participated in the following three
campaigns:  the Vietnam Defense Campaign, which extended from 8 March
through 24 December 1965; the Vietnam Counteroffensive Campaign, which
extended from 25 December 1965 through 30 June 1966; and the Vietnam
Counteroffensive, Phase II Campaign, which extended from 1 July 1966
through 31 May 1967.  The applicant was transferred to Germany on 12 July
1966.  He remained in Germany until he was transferred to the Continental
United States on 25 August 1967.

6.  The applicant was honorably REFRAD on 29 August 1967, prior to the
expiration of his term of service, for the purpose of attending school.  He
was transferred to the United States Army Reserve Control Group
(Reinforcement) to complete his Reserve obligation.  The DD Form 214 that
he was furnished at the time of his REFRAD shows that he was awarded the
National Defense Service Medal, the Republic of Vietnam Campaign Medal, the
Vietnam Service Medal and the Expert Marksmanship Qualification Badge
w/Rifle Bar.  His DD Form 214 for the period of service also indicates that
he had 2 years, 6 months and 5 days of foreign and/or sea service.

7.  A review of the applicant's Enlisted Qualification Record indicates
that the unit to which the applicant was assigned was awarded the Valorous
Unit Award by Department of the Army General Orders (DAGO) Number 20, dated
27 April 1967.  However, this decoration was never included on his DD Form
214.

8.  On 23 May 1968, a Correction to DD Form 214 (DD Form 215) was prepared
for the applicant by the Adjutant General Corps to reflect his entitlement
to the Army Good Conduct Medal (First Award) and to show he had 2 years,
6 months and 27 days of foreign and/or sea service.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.  This same regulation states
that a bronze service star will be awarded for wear on the Vietnam Service
Medal for participation in each campaign.

11.  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 the unit, to which the applicant
was assigned, was cited for award of the Vietnam Gallantry Cross with Palm
Unit Citation for the period April 1963 to January 1966 in DAGO Number 46,
dated 1968; and for the period covering 1 March 66 through 26 March 1976 in
DAGO Number 22, dated 1968.

12.  Department of the Army Pamphlet 672-3 also shows that the unit, to
which the applicant was assigned, was cited for award of the Valorous Unit
Award for the period covering 18 September 1965 through 28 October 1965 by
DAGO Number 20, dated 1967; and for the period covering 28 May 1966 through
30 May 1966 in DAGO Number 40, dated 1967.

13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that for Vietnam service, one overseas service bar is
authorized for each period of 6 months active Federal service as a member
of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the
month of arrival and the month of departure from Vietnam are counted as
whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  It appears that errors were made during the preparation of the
applicant's
DD Form 214 which resulted in the omission of decorations to which he is
entitled.

2.  The available records indicate that the unit to which the applicant was
assigned was cited in DAGO Number 20 and DAGO Number 40 for award of the
Valorous Unit Award.  His unit was also cited in DAGO Number 46 and DAGO
Number 22 for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.  He is entitled to these awards and they should be included
on his DD Form 214.



3.  In accordance with the applicable regulations, he is also entitled to
one Overseas Service Bar for each period of 6 months active Federal service
as a member of a U.S. Service in Vietnam and three Bronze Service Stars for
inclusion on his Vietnam Service Medal to reflect the number of campaigns
in which he served.  These decorations should be included on his DD Form
214 as well.

4.  Additionally, the DD Form 214 in question and the DD Form 215 are
incorrect in regards to his foreign and/sea service.  The available records
indicate that he was overseas from 15 February 1964 through 25 August 1967.
 He was overseas for 3 years, 6 months and 11 days and his DD Form 214
should be amended to reflect his information.

5.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

___LDS__  __FCJ___  __CD___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 to show he completed 3 years, 6 months and 11 days
of foreign and/or sea service; and that he is entitled to the Valorous Unit
Award (two awards), the Republic of Vietnam Gallantry Cross with Palm Unit
Citation (two awards), three bronze service stars and one Overseas Service
Bar.




                                  ___Linda D. Simmons___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070004027                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070906                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTER          |
|2.  3                   |100.0200/CHANGE DATE                    |
|3.  46                  |107.0000/AWARDS & DECORATIONS           |
|4.  140                 |107.0094/RVGC W/PALM                    |
|5.  79                  |107.0033/VALOROUS UNIT AWARD            |
|6.                      |                                        |


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