RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JULY 2005
      DOCKET NUMBER:  AR20040008782


      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. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Stanley Kelley                |     |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, in effect, that his 1970 separation document be
corrected to reflect award of the Bronze Star Medal and the Army
Commendation Medal.

2.  The applicant states the awards were omitted from his separation
document.

3.  The applicant provides a copy of an unsigned, undated, Bronze Star
Medal and Army Commendation Medal citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 June 1970.  The application submitted in this case is
dated
7 September 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.  Records available to the Board indicate that the applicant entered
active duty on 22 September 1967.  He was trained as a canvas repairman
and, following training, was assigned to Fort Riley, Kansas.  In November
1968 he was assigned to Vietnam.

4.  Upon his arrival in Vietnam, the applicant was initially assigned as a
wrecker operator with the 3rd Maintenance Company.  In September 1968 he
was assigned in his primary specialty to the 536th Maintenance Company and
in December 1969 to the 526th Maintenance Company.  He departed Vietnam in
June 1970 and on 4 June 1970 was released from active duty with an
honorable characterization of service under a program which permitted the
early separation of overseas returnees.

5.  The applicant’s available personnel file does not contain orders
confirming any personal decorations.  The award citations provided by the
applicant, which are neither signed nor dated, suggest that the applicant
was awarded both an Army Commendation Medal and a Bronze Star Medal for
meritorious service during the period November 1969 to June 1970.

6.  A review of historical files at the National Archives in College Park,
Maryland resulted in the location of orders confirming the applicant’s
award of the Army Commendation Medal, but not the Bronze Star Medal.  The
United States Army Support Command published the orders, confirming award
of the Army Commendation Medal, on 19 May 1970.  That same search also
revealed orders confirming award of the Army Good Conduct Medal to the
applicant.  His Army Good Conduct Medal was also omitted from his
separation document.

7.  Army Regulation 600-8-22 states that only one decoration will be
awarded to an individual for the same act, achievement, or period of
meritorious service.  It also states that awards of decorations will be
announced in permanent orders.

8.  Section 1130, Title 10, United States Code provides that the Service
concerned will review a proposal for the award of, or upgrading of, a
decoration that would not otherwise be authorized to be awarded based upon
time limitations previously established by law.  Requests for consideration
of awards should be supported by sworn affidavits, eyewitness statements,
certificates and related documents.  Corroborating evidence is best
provided by commanders, leaders and fellow comrades who had personal
knowledge of the circumstances and events relative to the request.  A
request for award not previously submitted in a timely fashion will only be
considered under this provision if the request has been referred to the
Service Secretary from a Member of Congress.  The burden and costs for
researching and assembling documentation to support approval of requested
awards and decorations rests with the requester.

9.  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 five designated campaigns (Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive) during
the applicant’s period of assignment.  A silver service star on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The 3rd Maintenance Company was also awarded a
Meritorious Unit Commendation during his tenure with that organization.

10.  Department of the Army Pamphlet 672-3 provides, in pertinent part, for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to
all individuals who served in Vietnam between 20 July 1965 and 28 March
1973.

11.  The unit awards were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  Orders obtained from the National Archives confirm that the applicant
was in fact awarded an Army Commendation Medal for meritorious service
during the period December 1969 to June 1970.  His records should be
corrected accordingly.

2.  Unfortunately, his award of the Bronze Star Medal could not be
confirmed in orders.  Regrettably, in the absence of orders, and in view of
the fact that an individual may not be awarded two decorations for the same
period of meritorious service, the applicant’s undated, unsigned, award
citation is not sufficient for the Board to confirm entitlement to that
decoration.

3.  The applicant is, however, reminded that if he does not have orders
confirming his award of the Bronze Star Medal, under the provisions of
Title 10, United States Code, Section 1130, he could seek the Bronze Star
Medal as an upgrade of his Army Commendation Medal, via his congressional
representative.  Should his quest not be successful he would then be free
to reapply to this Board to have his Army Commendation Medal upgraded.

4.  The evidence also confirms that the applicant was awarded an Army Good
Conduct Medal, that he is entitled to a silver service star on his Vietnam
Service Medal, a Meritorious Unit Commendation, and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.  His records should be corrected
to reflect those decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  __SP ___  __SK ___  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:

      a.  by showing that he was awarded the Army Commendation Medal;


      b.  by showing that he was awarded an Army Good Conduct Medal; and


      c.  by showing that his entitled to a silver service star on his
Vietnam Service Medal, a Meritorious Unit Commendation, 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
award of the Bronze Star Medal.




                            _______John Slone _________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008782                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050712                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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