RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 February 2004
      DOCKET NUMBER:   AR2003090149


      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. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Karen A. Heinz                |     |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 the records of her late husband, a former
service member (FSM), be corrected to show award of the Bronze Star Medal.

2.  The applicant states that the omission of the Bronze Star Medal in her
late husband’s military records was not discovered until after his death on
29 March 2003, while reviewing the FSM’s DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) for burial purposes.  The
applicant further states that she feels that the award should be
“recognized on his official US Army record for his honorable service to our
country.”

3.  The applicant provides copies of a citation and a certificate, awarding
the Bronze Star Medal to the FSM for meritorious achievement in ground
operations against hostile forces in the Republic of Vietnam during the
period March 1969 to March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 22
March 1970.  The application submitted in this case is dated 18 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 FSM’s military records show that he was inducted on 15 April 1968.
He underwent basic combat and advanced individual training in Military
Occupational Specialty 11B10 (Light Weapons Infantryman).  The FSM served
at Fort Benning, Georgia and Fort Polk, Louisiana prior to deploying to
Vietnam, where he served from 29 March 1969 to 20 March 1970 with C
Company, 1st Battalion, 14th Infantry, 4th Infantry Division.  He returned
to the United States and was honorably separated from the Army on 22 March
1970 in pay grade E-6.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the FSM’s DD Form 214, shows
that he is entitled to the following decorations: the Combat Infantryman
Badge; the Vietnam Service Medal; the National Defense Service Medal; the
Vietnam Campaign Medal, the Expert Marksmanship Badge with Rifle Bar; and
two
overseas service bars.  A DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), dated 17 September
1971, corrects the FSM’s DD Form 214 to add award of the Air Medal, the
Expert Marksmanship Badge with Machine Gun Bar, and the Marksmanship Badge
with M-16 Rifle Bar. No other awards or decorations are listed.

5.  The FSM’s personnel records show that he was assigned to Company C, 1st
Battalion, 14th Infantry, 4th Infantry Division on 9 April 1969 and that he
remained in the unit until his departure from Vietnam in March 1970.
According to the certificate provided by the applicant in support of her
request, the FSM was awarded the Bronze Star Medal for meritorious
achievement during the period March 1969 to March 1970.  The certificate
was signed on 1 March 1970 by Major General Glenn D. Walker, commanding
general of the 4th Infantry Division, and reflects the signature of Stanley
R. Resor, Secretary of the Army.  However, copies of orders announcing the
award were not in records available to the Board.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded in time of war for heroism and for
meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

8.  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 FSM was
assigned, was cited for award of the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for the period 1 September 1968 to 28 July 1969 by
Department of the Army General Order Number 3, dated 1970.  This document
also shows that the unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for the period 1 August
1967 to 31 October 1969 by Department of the Army Number 53, dated 1970.
9.  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 FSM is entitled to wear one bronze service star for each the
following Vietnam campaigns: Tet 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the FSM’s available records awarding him the
Bronze Star Medal, however, his award certificate is signed by the
appropriate commander and Secretary of the Army, and the date of the award
coincides with the FSM’s dates of service in Vietnam.  The fact that other
awards were also omitted from his separation document could explain the
absence of the Bronze Star Medal from that document.  In the absence of
orders, or evidence to the contrary, there is sufficient evidence to accept
the FSM’s award certificate as authentication of entitlement to the Bronze
Star Medal, and in the interest of justice it would be appropriate to add
the award to his separation document.

2.  There is no indication in the FSM’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the FSM was
disqualified by his unit commander for award of the Good Conduct Medal.
Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.  The FSM is
entitled to the first award of the Good Conduct Medal based on completion
of a period of qualifying service from 15 April 1968 to 22 March 1970.
Therefore, he is entitled to correction of his records to show this award.

3.  General Orders show that the FSM 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.

4.  General Orders show that the FSM is entitled to the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is
entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the FSM received the Vietnam Service
Medal and participated in three campaigns.  As a result, he is entitled to
award of three bronze service stars, and correction of his records to show
these appurtenances.

BOARD VOTE:

____fne_  ____kah_  ___jpi ___  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 award of:

      a. the Bronze Star Medal;

      b. the first award of the Good Conduct Medal;

      c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      d. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and,

      e. three bronze service stars, to be affixed to the Vietnam Service
Medal.







            _______Fred N. Eichorn_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090149                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040205                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |