RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 February 2004
      DOCKET NUMBER:  AR2003089238


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |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 award of the Bronze Star Medal (BSM) for valor
and a second award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was recommended for a BSM for
valorous action/s in May 1967.  He further states that the captain who
recommended him for the award told him that he (the applicant) was a “shoo-
in” for the award, but that he never received it.

3.  The applicant provides a narrative addendum to his DD Form 149
(Application for Correction of Military Record Under the Provisions of
Title 10, U.S. Code, Section 1552), describing the events surrounding his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of injustice that occurred on 1
March 1969.  The application submitted in this case is dated 3 April 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 was commissioned a second
lieutenant of infantry and entered active duty on 30 January 1965.  He
completed a tour of duty with 1st Battalion, 505th Infantry, 82d Airborne
Division, having joined the unit while it was deployed to the Dominican
Republic.  The applicant later attended language training prior to being
assigned as an advisor to the Republic of Vietnam 5th Infantry Division,
where he served from 14 January 1967 to 6 January 1968.  The applicant
returned to the Presidio of San Francisco, California, where he was
honorably separated from active duty on 1 March 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge), which
is authenticated in his own hand, shows that he was awarded the BSM; the
CIB; the Parachutist Badge; the Vietnam Service Medal; the National Defense
Service Medal; the Vietnam Campaign Medal; the Republic of Vietnam
Gallantry Cross Unit Citation with Bronze Star; and, the Vietnamese Honor
Medal, First Class.  No other awards or decorations are listed.

5.  The applicant requested correction of his records to show award of the
BSM with “V” device.  There are no orders, or other evidence, authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
BSM with “V” device under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is
awarded to infantry officers and to enlisted and warrant officer persons
who have an infantry military occupational specialty.  They must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.  The regulation also states:
“To date, a separate award of the CIB has been authorized for qualified
soldiers in any of three conflicts:  World War II (7 December 1941 to 3
September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and
the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1
March 1961) combined with qualifying service in Laos (19 April 1961 to 6
October 1962), the Dominican Republic (28 April 1965 to 1 September 1966),
Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November
1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf
War (17 January to 11 April 1991) is recognized by one award only,
regardless of whether a soldier had served one or multiple tours in any or
all of these areas.”

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July
1958 in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance to friendly foreign
nations.  Qualifications for this award includes the requirement to be a
bona fide member in a unit engaged in the operation or to serve in the area
of operations for 30 days, or to be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days provided this
support involves entering the area of operations.  The regulation also
provides that the AFEM may be awarded if the individual served the full
period in cases when the operation is less than 30 days in duration, if the
individual is engaged in actual combat with armed opposition regardless of
the period of service, if the individual participates as a member of an
aircraft flying in support of the operation, or if the individual is
recommended (or attached to a unit recommended) for award of the medal if
the above criteria have not been met.  The designated military operations
and dates of eligibility for this award are specified in Army Regulation
600-8-22.  The regulation shows that individuals who served in the
Dominican Republic from 28 April 1965 to 21 September 1966 are authorized
award of the AFEM.

8.  Item 21 (Awards and Decorations) of the applicant’s DA Form 66 (Officer
Qualification Record) shows that the applicant was awarded the AFEM.

9.  DA Form 67-5 (US Army Officer Efficiency Report), covering the period
6 April 1965 to 28 September 1965, shows that the applicant served in
active ground combat in the Dominican Republic.

10.  Department of the Army General Order Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

11.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal,
but does not show campaign credit for the periods he served in Vietnam.
Army Regulation 600-8-22, in pertinent part, authorizes 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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive, Phase II and Vietnam
Counteroffensive, Phase III.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that award of the CIB during the Vietnam era,
which includes service in the Dominican Republic, is recognized by one
award only, regardless of whether a soldier had served one or multiple
tours in any or all areas.  Therefore, the applicant is not eligible for a
second award of the CIB.

2.  Records show that the applicant authenticated his DD Form 214, covering
his service in Vietnam, on 1 March 1969.  That DD Form 214 did not show a
second award of the CIB.  There is no evidence that the applicant attempted
to properly obtain a second award of the CIB after his return from Vietnam.
 He should have filed an application with the ABCMR not later than 3 years
from the date he authenticated his DD Form 214.  However, he did not do so
and has provided no explanation for his failure to file.  Therefore the
applicant has failed to explain or satisfactorily demonstrate by evidence
that it would be in the interest of justice to excuse his failure to apply
within the 3-year statute of limitations.

3.  Records show that the applicant received the Vietnam Service Medal and
participated in two campaigns.  As a result, he is entitled to award of two
bronze service stars, to be affixed to the Vietnam Service Medal and
correction of his records to show these appurtenances.

4.  Evidence of record shows that the applicant is entitled to the AFEM.
Therefore, he is entitled to correction of his records to show this award.
5.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

6.  The evidence shows that the applicant’s record contains administrative
errors that do not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___rjw___  ___mhm _  ____rld _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is insufficient to
warrant a second award of the CIB, or to excuse the applicant’s failure to
file an application with the ABCMR within its 3-year statute of
limitations.  Therefore, the Board does not excuse the applicant’s failure
to timely file within the time prescribed by law and his application is
denied for that reason.

2.  The Board determined that administrative errors in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD, St. Louis, Missouri administratively correct the records of the
individual concerned to show: award of the AFEM; award of two bronze
service stars, to be affixed to the Vietnam Service Medal; and, award of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm.






            __________Raymond J. Wagner________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003089238                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040219                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |