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ARMY | BCMR | CY2004 | 04104503C070208
Original file (04104503C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         09 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104503


      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. Mark Manning                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Leonard Hassell               |     |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 records be corrected to reflect award
of the Bronze Star Medal.

2.  The applicant states that his Bronze Star Medal is not recorded on his
separation document.  He also notes that he either did not receive or has
lost his other awards and decorations and would like them replaced.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 March 1971.  The application submitted in this case is
dated
22 February 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 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.  Records available to the Board indicate that the applicant entered
active duty on 30 June 1967 and was initially trained as an infantryman.

4.  In December 1967, following completion of training, the applicant was
assigned to the 1st Battalion, 506th Infantry in Vietnam.  In October 1968
he was awarded a Bronze Star Medal for meritorious service during the
period January 1968 through August 1968.  Orders published by the 101st
Airborne Division confirmed the award.  It was, however, omitted from his
separation document.

5.  The applicant departed Vietnam in March 1969.

6.  In June 1969, after the applicant had already departed Vietnam, he was
awarded an Air Medal for meritorious achievement on 28 June 1968.  The Air
Medal was also omitted from his separation document.

7.  On 3 March 1971 the applicant was released from active duty with an
honorable characterization of service.  His separation document reflects
entitlement to the National Defense Service Medal, Vietnam Campaign Medal,
Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal,
Marksman Badge with rifle bar, Sharpshooter Badge with automatic rifle bar,
and Expert Badge with machinegun bar.

8.  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 six designated campaigns (Vietnam
Counteroffensive Phases III, IV, V, VI, TET Counteroffensive, and TET 69
Counteroffensive) during the applicant’s period of assignment.  One silver
service star and one bronze service star on the Vietnam Service Medal,
which is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded a Valorous Unit Award, a
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation during his tenure with the organization.  The
unit awards were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded a Bronze Star
Medal and an Air Medal.  His records should be corrected accordingly.

2.  The evidence also shows that the applicant is entitled to one silver
service star and one bronze service star on his Vietnam Service Medal, in
addition to a Valorous Unit Award, Meritorious Unit Commendation, Republic
of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  In addition to entering the above decorations on the applicant's
separation document, all of the applicant's awards and decorations, which
are still in the Army's inventory should be issued and/or reissued to him.

BOARD VOTE:

___MM__  ___LS___  __LH ___  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:


       a.  showing that he was awarded the Bronze Star Medal and an Air
Medal;


      b.  showing that he is entitled to one silver service star and one
bronze service star on his Vietnam Service Medal, a Valorous Unit Award,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation; and


      c.  issuing or reissuing the applicant's awards and decoration which
are still in the Army's inventory.




                            ______Mark Manning_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104503                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041109                                |
|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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