RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040005676


      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. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 record be corrected to show award of
the Silver Star, Bronze Star Medal, Army Commendation Medal, Good Conduct
Medal, and the Combat Infantryman Badge.

2.  The applicant states those awards should have been reflected on his
     DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and copies of orders
showing that he received the above-mentioned awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 February 1969.  The application submitted in this case
is dated 23 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’s military records are not available to the Board.  This
case is being considered using documents furnished by the applicant.

4.  The applicant’s DD Form 214 shows that he entered on active duty on 20
July 1967, and that he served in Vietnam for 1 year, 2 months, and 2 days
as an infantryman with the Americal Division.  He was released from active
duty at Fort Lewis, Washington in the rank of sergeant on 20 February 1969.
 His                DD Form 214 shows that he was awarded the National
Defense Service Medal, Purple Heart, Marksmanship Badge (M-14 rifle), and
Vietnam Campaign Medal.  It also shows award of the Vietnam Service Medal
but that award does not reflect the number of campaigns in which he
participated while in Vietnam.

5.  On 22 March 1968 orders were published awarding the applicant the
Combat Infantryman Badge.  His unit shown on those orders was Company D, 3d
Battalion, 21st Infantry.
6.  On 16 August 1968 orders were published awarding the applicant the
Silver Star for heroism on 6 June 1968.  He was assigned to the above-
mentioned unit.

7.  On 2 December 1968 orders were published awarding the applicant the
Army Commendation Medal for meritorious achievement.  On 6 February 1969
orders were published awarding him the Bronze Star Medal for meritorious
service for the period December 1967 to February 1969.

8.  On 16 February 1969 orders were published awarding the applicant the
Good Conduct Medal.

9.  The above-mentioned documents show that the applicant served in Vietnam
from December 1967 to February 1969, returned to the United States and then
was immediately released from active duty.  As such, he would have
participated in five campaigns.  Those orders show that he was assigned to
Company D,        3d Battalion, 21st Infantry at least until the middle of
August 1968.

10.  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.  A silver service star is worn instead of five
bronze service stars.

11.  The Unit Citation and Campaign Participation Credit Register shows
that the 3d Battalion, 21st Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while he was
assigned to that organization. The 3d Battalion, 21st Infantry was also
awarded the Navy Unit Commendation for its actions during the period 1 May
1968 to 16 May 1968, a period in which the applicant was assigned to that
organization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star, Bronze Star Medal, Army
Commendation Medal, Good Conduct Medal, and Combat Infantryman Badge.
Those awards should be reflected on his DD Form 214.

2.   The applicant participated in five campaigns during his tour in
Vietnam.  He is entitled to award of the Vietnam Service Medal with one
silver service star.

3.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Navy Unit Commendation.
BOARD VOTE:

___JS___  ___RD __  ___CD__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 the Silver Star,
Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, Combat
Infantryman Badge, Vietnam Service Medal with five bronze service stars,
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and Navy Unit
Commendation.




                            _______John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005676                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|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.                      |                                        |


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