RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 February 2006
      DOCKET NUMBER:  AR20050007565


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Robert W. Soniak              |     |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, in his application that the already-
awarded Air Medal be added to his DD Form 214, Armed Forces of the United
States, Report of Transfer or Discharge.  In a follow-up telephone
conversation, the applicant asked that the already-awarded Army
Commendation Medal also be added to his DD Form 214.  In his original
request to the Board, he requested, in effect, that the rank and pay grade
shown on his DD Form 214 be corrected from PFC (Private First Class), E-3,
to Specialist Four, E-4.

2.  The applicant states, in effect, that the Army Commendation Medal and
the Air Medal he was awarded are not listed on his DD Form 214, and the
rank E-3 (sic) should be E-4.

3.  The applicant provides a copy of his DD Form 214 and a copy of the
awards certificate and citation for the Army Commendation Medal and for the
Air Medal he received, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors or injustice,
which occurred on 17 April 1972, the date he was released from active duty.
 The application submitted in this case is dated 9 May 2005.

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 limitation 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 military records show that he was inducted into the
Army of the United States on 8 March 1971.  He completed his basic combat
training at Fort Dix, New Jersey, and his advanced individual training at
Fort Polk, Louisiana.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11B, Light Weapons
Infantryman.

4.  The applicant was assigned to Vietnam on 1 August 1971.  He was
assigned to Company A, 3rd Battalion, 21st Infantry Regiment, 196th
Infantry Brigade.
The applicant served with this unit until he was reassigned to the United
States for release from active duty.

5.  The applicant was released from active duty on 17 April 1972, under
the provisions of Army Regulation (AR) 635-200, Chapter 5, Paragraph 5-3,
Phasedown Release Programs.  On the date of his release from active duty,
the applicant had completed 1 year, 1 month, and 10 days active military
service, with no lost time.

6.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade), of the applicant's
DD Form 214, show he was released from active duty in the rank and pay
grade PFC, E-3.  There are no orders in the applicant's service personnel
records promoting him to Specialist Four.

7.  Item 2 (Grade) and Item 3 (Date of Rank), of the applicant's DA Form
20, Enlisted Qualification Record, show the entries, PFC and 9 July 1971,
respectively.

8.  Item 33 (Appointments and Reductions), of the applicant's DA Form 20,
shows he was promoted to PFC, with a date of rank of 9 July 1971, by Unit
Orders 26, Company B, 2nd Battalion, 3rd Advanced Individual Training
Brigade, Fort Polk, dated 1971.

9.  A search of morning reports on file at the National Archives and
Records Administration (NARA), St. Louis, Missouri, was conducted for
evidence of the applicant's promotion to E-4.  The morning reports search
came back negative.

10.  A search of the unit's files located at the National Archives, College
Park, Maryland, was conducted for evidence of the applicant's promotion to
E-4.  This search failed to produce any documentation showing the applicant
was promoted to Specialist Four.

11.  Notwithstanding the above, citations and award certificates which will
be discussed later in these Proceedings, were prepared identifying the
applicant as being in the rank of Specialist Four.

12.  The applicant provided a copy of two certificates of appreciation
which were awarded him in recognition of his service in the Armed Forces
and in the Army.  He is identified in these certificates as having served
in the rank of Specialist Four.

13.  An undated DA Form 137, Installation Clearance Record, which was
used in his clearance from Company C, 3rd Battalion, 21st Infantry, 196th
Infantry Brigade, when the applicant completed his assignment in Vietnam,
is on file in the applicant's service personnel records.  This form
identifies him as being in the pay grade, E-4, on his departure from
Vietnam.  This form was signed by the company executive officer.

14.  On his arrival at the Oakland Army Base, Oakland, California, the
applicant was administered a separation physical examination.  The Standard
Form 88, Report of Medical Examination, used to record the results of this
examination, shows, in item 2 (Grade and Component or Position), that he
was serving in the pay grade, E-4, on 16 April 1972.

15.  Special Orders Number 108, Paragraph 266, was published by
Headquarters, US Army Personnel Center, Oakland, California, on 17 April
1972.  These orders which identify the applicant in pay grade E-4,
relieved him from active duty, not by reason of physical disability, and
transfer him to the United States Army Reserve (USAR) and assign him to
the USAR Control Group (Annual Training).

16.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Combat
Infantryman Badge.  The Army Commendation Medal and the Air Medal are
not shown.

17.  The applicant provided a copy of an awards certificate and a copy of
the citation for the Army Commendation Medal in support of his application.
 Both the citation and the awards certificate show the award was made for
meritorious service in support of military operations against communist
aggression in the Republic of Vietnam for the period 31 July 1971 to 1
April 1972.  There are no orders in the applicant's service personnel
records for this award.  This award is also not shown in Item 41 (Awards
and Decoration) of the applicant's DA Form 20, Enlisted Qualification
Record.

18.  The applicant provided a copy of an awards certificate and a copy of
the citation for the Air Medal in support of his application.  Both the
citation and the awards certificate show the award was made for meritorious
achievement while participating in aerial flight in the Republic of Vietnam
for the period 25 August 1971 to 16 March 1972.  There are no orders in the
applicant's service personnel
records for this award.  This award is also not shown in Item 41 (Awards
and Decoration) of the applicant's DA Form 20, Enlisted Qualification
Record.

19.  A search of the general orders consolidation maintained by the Award
Branch, U.S. Army Human Resources Command, Arlington, Virginia, was made
for such orders; however, this search failed to reveal that such orders
were published.

20.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

21.  While in Vietnam, the applicant participated in the three campaigns:
the Consolidation I, which extended from 1 July through 30 November 1971;
the Consolidation II, which extended from 1 December 1971 through 29 March
1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through
28 January 1973.

22.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

23.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to,
Company A, 3rd Battalion, 21 Infantry Regiment, 196th Light Infantry
Brigade, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 1 March 1971 through 9 October 1971, by
Department of the Army General Order (DAGO) Number 6, dated 1974.  This
unit award is not shown on his DD Form 214.

24.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Hand grenade Bar, by Special Orders 117, paragraph 255, published by
Headquarters, US Army Training Center, Infantry and Fort Dix, Fort Dix, New
Jersey, on 27 April 1971.

25.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Automatic Rifle [M-16 Rifle] Bar by paragraph 228, Special
Orders 180, published by Headquarters, US Army Training Center, Infantry
and Fort Polk, Fort Polk, Louisiana, on 2 July 1971.

26.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

27.  Army Regulation 670-1, in effect at the time, governed the
requirements for the Overseas Service Bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  Despite the applicant having provided copies of citations and
certificates awarding him the Army Commendation Medal and the Air Medal, he
did not provide copies of general orders to support these awards and their
addition to his DD Form 214.

2.  The awards were not posted to Item 41 of the applicant's enlisted
qualification record, and orders to support these awards were not found
filed in his service personnel record or in the files maintained by the
Award Branch, U.S. Army Human Resources Command, Arlington, Virginia.

3.  There is insufficient evidence upon which to base approval for addition
of the Army Commendation Medal and the Air Medal to the applicant's DD Form
214.

4.  There were a number of documents in the applicant's service personnel
records which served as indicators that he was promoted to Specialist Four.
 However, an extensive search of morning reports and other files located at
NARA in St. Louis, and at the National Archives, College Park, Maryland,
failed to reveal any evidence that would conclusively establish he was
promoted and the date he was promoted.

5.  Based on a lack of conclusive evidence the applicant was promoted to
the rank and pay grade, Specialist Four, E-4, a correction to the rank and
pay grade currently shown on his DD Form 214 can not be made.

6.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

7.  The applicant served in a unit at a time it was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to this
unit award and to have it added to his DD Form 214 at this time.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Hand grenade Bar, and the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar.  These badges are not shown on the
applicant's DD Form 214.  It would be appropriate to add these badges to
his DD Form 214 at this time.

9.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

10.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 17 April 1972; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 16 April 1975.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jlp ___  ___D____  __RwS___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with three bronze service stars; and


      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      c.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Hand grenade Bar, and the Sharpshooter Marksmanship
Qualification Badge, with Automatic Rifle Bar, to his DD Form 214.




                            ______Jennifer L. Prater___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007565                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]