RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040004704


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      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 (Report of Transfer or
Discharge) be corrected to show award of the Silver Star and Combat Medical
Badge, and to delete the entry showing that he was awarded the Expert (M-
16) [Marksmanship Qualification Badge].

2.  The applicant states the awards were omitted from his DD Form 214 and
the entry showing qualification with a rifle is incorrect.

3.  The applicant provides a copy of his DD Form 214 and a copy of an order
awarding him the Silver Star.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 February 1969.  The application submitted in this case
is dated      6 July 2004.

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 limitations 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 was inducted into the Army on 8 February 1967, trained as
a medical corpsman, and in March 1968 was assigned to Fort Carson,
Colorado.  Orders were published at Fort Carson on 22 May 1968 showing that
the applicant qualified as an expert with the M-16 rifle and was awarded
the Expert Marksmanship Qualification Badge.

4.  In July 1968 the applicant moved with his unit, Company D, 1st
Battalion,    77th Armor, 1st Brigade of the 5th Infantry Division, to
Vietnam.  On 25 September 1968 he was awarded the Combat Medical Badge.  On
30 December 1968, Headquarters, XXIV Corps, published orders awarding the
applicant the Silver Star for his gallantry in action on 16 September 1968.
 The applicant’s official military personnel file contains a copy of the
certificate showing award of the Silver Star.

5.  The applicant returned to the United States in January 1969 and was
released from active duty on 2 February 1969.  He participated in two
campaigns during his tour of duty in Vietnam, and the 1st Battalion, 77th
Armor was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for its actions during while he was assigned to that
organization.

6.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star and the Combat Medical Badge.
 Those awards should be shown on his DD Form 214.

2.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with two
bronze service stars (one for each campaign).  He is also entitled to award
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  The applicant qualified as an expert with the M-16 rifle and was
awarded the Expert Marksmanship Qualification Badge.  The entry showing
that award on his DD Form 214 is therefore correct.  The applicant has
provided no evidence or good reason to delete this entry.  Consequently,
his request to do so is not granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___TO __  ___JM __  GRANT PARTIAL 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 showing award of the
Silver Star, Combat Medical Badge, Vietnam Service Medal with two bronze
service stars, 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
deleting the entry on his DD Form 214 showing award of the Expert (M-16)
[Marksmanship Qualification Badge].




                            ______Mark Manning_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004704                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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