RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 January 2006
      DOCKET NUMBER:  AR20050011878


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Rose M. Lys                   |     |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 he served in
Vietnam.

2.  The applicant states he served in Vietnam with the 1st Cavalry, 9th
Division from 1970 to 1971.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 May 1972.  The application submitted in this case is dated
28 June 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 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 was inducted into the Army on 7 April 1970.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 76A (Supply Clerk).

4.  The applicant arrived at the U. S. Army Vietnam Transient Detachment on
or about 2 August 1970.  He was assigned to Headquarters and Headquarters
Troop, 1st Squadron, 9th Cavalry on 3 September 1970.  He was reassigned to
the 151st Transportation Detachment, 1st Cavalry on 13 September 1970.  His
DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Troop
C, 1st Squadron, 9th Cavalry on 11 April 1971 but an Article 15 shows he
was in this unit on 13 November 1970.  He was reassigned to Headquarters
and Headquarters Troop, 1st Squadron, 9th Cavalry on 21 April 1971.  He
departed Vietnam enroute to Germany on 15 June 1971 after participating in
one campaign.

5.  The applicant apparently never arrived in Germany and was assigned to
the Personnel Control Facility at Fort Benning, GA around August 1971.  He
departed absent without leave (AWOL) from Fort Benning for the first time
on     7 August 1971.  On 15 March 1972, charges were preferred against him
for being AWOL from on or about 27 February 1972 to on or about 15 March
1972.

6.  On 24 March 1972, after consulting with legal counsel, the applicant
voluntarily requested a discharge under the provisions of Army Regulation
  635-200, chapter 10 for the good of the service in lieu of trial by court-
martial.  The applicant was advised of the effects of a discharge under
other than honorable conditions and that he might be deprived of many or
all Army and Veterans Administration benefits.  On 3 May 1972, the
appropriate authority approved his request.  On 22 May 1972, he was
discharged, in absentia and apparently on temporary records, in pay grade E-
1, under the provisions of Army Regulation 635-200, chapter 10, for the
good of the service with a discharge under other than honorable conditions.


7.  Item 30 (Remarks) of the applicant's DD Form 214 indicates he did not
serve in Vietnam.  Item 22c (Foreign and/or Sea Service) indicates he had
no foreign service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) does not show he
received any awards or decorations for his Vietnam service.

8.  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.

9.  Army Regulation 600-8-22 provides for award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate service medal.

10.  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.

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 that, at the time of the
applicant's assignment to the 1st Squadron, 9th Cavalry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 21 February 1970 through 28 February 1971 by Department of
the Army General Orders Number 42 dated 1972.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was separated in absentia
and evidently on temporary records on 22 May 1972.  His DD Form 214 fails
to show he served in Vietnam from 2 August 1970 through 15 June 1971 (10
months and 14 days) and fails to show any service medals he is eligible to
wear as a result of his service in Vietnam.  His DD Form 214 should be
amended to show his service in Vietnam and the awards he is therefore
eligible to wear.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         21 May 1972.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

__jtm___  __jcr___  __rml___  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 and to excuse failure to timely file.  As a
result, the Board recommends that the DD Form 214 of the individual
concerned be corrected by:

     a.  amending item 22c to show he served 10 months and 14 days of
foreign service;

     b.  amending item 24 to show he was awarded the Vietnam Service Medal
with one bronze service star, the Republic of Vietnam Campaign Medal with
device 1960, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and


     c.  amending item 30 to delete the entry "Vietnam:  No" and to add the
entry "Vietnam:  Yes."




                            __John T. Meixell____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011878                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060126                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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