RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 November 2003                   
	DOCKET NUMBER:   AR2003088284

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 essence, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Vietnam Gallantry Cross Unit Citation with Palm.

2.  The applicant states that he never received the Vietnam Gallantry Cross Unit Citation with Palm.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 24 October 1969.  The application submitted in this case is dated 27 February 2003.  

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 enlisted in the Regular Army on 25 October 1966 and served honorably until he was separated on 24 October 1969 and was assigned to the United States Army Reserve Control Group (Reinforcement), St Louis, Missouri.  He served as a Microwave Systems Repairman in military occupational specialty (MOS) 26V.  He served in Vietnam from 10 November 1967 to 9 November 1968 with Company B, 442nd Signal Battalion.  The highest rank that he attained was specialist five, pay grade E-5.

4.  The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The applicant's DD Form 214 does not show the Vietnam Gallantry Cross Unit Citation with Palm because his unit was authorized the award after he had been separated.

5.  Department of the Army Pamphlet 672-3 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 Unit Citation with Palm by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

The available evidence supports correction of the applicant's records to show award of the Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__jhl___  __lds___  __rld___  GRANT 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 all Department of the Army records of the individual concerned be corrected by showing the individual concerned was awarded the Vietnam Gallantry Cross Unit Citation with Palm.

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088284	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0094	
2.		
3.		
4.		
5.		
6.