RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 January 2004
	DOCKET NUMBER:   AR2003088340

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ronald J. Weaver		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of all the medals to which he is entitled for his Vietnam service.

2.  The applicant states that he has no idea as to what medals he is authorized; however, he served in Vietnam from 5 May 1969 to 3 July 1969.  He states he also served in Germany and Korea and he would just like his discharge corrected.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 27 March 1971.  The application submitted in this case is dated 19 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 he enlisted in the Regular Army (RA) on 21 January 1966 for a period of 4 years.  He completed training as a general supply specialist in military occupational specialty (MOS) 76K and was assigned to Europe as his first permanent duty station.  

4.  The applicant was honorably discharged from active duty on 24 March 1967 for the purpose of immediate reenlistment.  He was credited with 1 year, 2 months, and 4 days of creditable military service.  His DD Form 214 shows the following awards and decorations:  the National Defense Service Medal and the Sharpshooter Marksmanship Badge (Rifle M-14).

5.  The applicant reenlisted in the RA on 25 March 1967 for a period of 4 years as a Specialist/E-4 and for an MOS producing school.  He was awarded MOS 76Y, Supply Specialist.

6.  The applicant was assigned to Vietnam from 5 May 1969 to 18 June 1969.  He served with Service Battery, 1st Battalion, 40th Artillery.  Following his assignment to Vietnam, the applicant was assigned to Korea.  He served in Korea from 21 June 1969 to 27 May 1970.  

7.  The applicant was honorably released from active duty on 24 March 1971 and transferred to the United States Army Reserve.  He was credited with 4 years of creditable military service and a total time in service of 5 years, 2 months, and 4 days total time in service.

8.  The applicant's DD Form 214 shows the Vietnam Service Medal with 1 bronze service star as the applicant's only Vietnam award.  It also shows the Armed Forces Expeditionary Medal for his Korean service. 

9.  DA Form 1577 (Authorization for Issuance of Awards), dated 29 November 1976, authorized the following awards for the applicant:  the Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal with 1 bronze service star, and the Expert Marksmanship Badge with Rifle Bar.

10.  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 Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2.  Evidence shows the applicant is entitled to and was awarded the Good Conduct Medal for the period 25 March 1967 to 24 March 1971, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Expert Marksmanship Badge with Rifle Bar.

BOARD VOTE:

__jhl___  __aao___  __rjw___  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 that he was awarded the Good Conduct Medal for the period 25 March 1967 to 24 March 1971, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Expert Marksmanship Badge with Rifle Bar. 

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088340	
SUFFIX		
RECON		
DATE BOARDED	20040122	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.