RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 MARCH 2004
      DOCKET NUMBER:   AR2003094042


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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 records be corrected to reflect award
of the Bronze Star Medal with “V” device.  He also asks that several of his
award certificates and award citations be re-issued reflecting his correct
RA (Regular Army) number or his correct SSAN (Social Security Account
Number).

2.  The applicant states, in effect, that his Bronze Star Medal with “V”
device was not recorded on his separation document.  He also notes that
several of his award certificates and award citations reflect an incorrect
SSAN or RA number.

3.  The applicant provides copies of his award certificates and citations
indicating the incorrect numbers.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
31 August 1970.  The application submitted in this case is dated 28 June
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.  Records available to the Board indicate that the applicant entered
active duty on 1 September 1967.  He was trained as an infantryman and
assigned to Vietnam in April 1968 with the 4th Battalion of the 503rd
Infantry.

4.  In February 1969 he was awarded the Air Medal for meritorious
achievement during the period 13 April 1968 to 6 February 1969.  In June
1969 he was awarded the Bronze Star Medal with “V” device for his heroic
actions on
4 February 1969.  In January 1970 he was awarded the Army Commendation
Medal for meritorious achievement during the period 8 November 1968 to 8
April 1969, and the Bronze Star Medal for meritorious service during the
period April 1968 to April 1969.  The awards were all announced in orders
issued by the 173rd Airborne Brigade.  All of the awards, with the
exception of his Bronze Star Medal with “V” device, were reflected on the
applicant’s separation document.

5.  The applicant departed Vietnam in April 1969 and completed his
enlistment at Fort Jackson, South Carolina.  He was honorably discharged on
31 August 1970.

6.  The applicant’s RA number and SSAN were recorded on his original
enlistment contract as RA --- 94 --- and SSAN --- 42 ----.  At some point
during the applicant’s military service his RA number began being reflected
as --- 44 --- and his SSAN as --- 52 ----.  Those numbers are the numbers
reflected on his separation document, however, his award certificates and
citations reflect the original RA number and SSAN recorded on his
enlistment contract.  The applicant provided no evidence, beyond his
separation document, as evidence of his RA number and SSAN.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phases IV, V and VI and TET 69 Counteroffensive) during
the applicant’s period of assignment.  Four bronze service stars on the
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation.  The unit was also awarded the Republic
of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with
the organization.  The unit award was omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Bronze Star
Medal with “V” device.  His records should be reflected accordingly.

2.  The evidence also confirms that the applicant is entitled to four
bronze service stars on his Vietnam Service Medal and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  That information should
also be added to his separation document.

3.  Unfortunately, records available to the Board indicate two different RA
numbers and two different SSANs.  In the absence of more compelling
evidence of the correct numbers, his award certificates and citations
should not be reissued.  Once the applicant has provided confirmation of
his correct SSAN or RA number, the certificates and citations could be
reissued as an administrative action without referral to the Board.

BOARD VOTE:

__MHM__  __ALR __  __LCB __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  showing that he was awarded two Bronze Star Medals, one with a “V”
device; and


      b.  showing that he is entitled to four bronze service stars on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
reissuance of his award citations and certificates.





            ____Melvin H. Meyer______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003094042                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040330                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |