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ARMY | BCMR | CY2004 | 20040000981C070208
Original file (20040000981C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 March 2005
      DOCKET NUMBER:  AR20040000981


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Bronze Star Medal (BSM).

2.  The applicant states that award of the BSM is an honor and the omission
of the award from his DD Form 214 should be corrected.

3.  The applicant provides in support of his request a copy of the citation
and certificate showing award of the BSM for meritorious service from July
1969 to June 1970 and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
20 June 1970.  The application submitted in this case is dated 8 March
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.  The applicant’s military records show that he was inducted into the
Army of the United States on 25 July 1968.  Upon completion of all required
military training, he was awarded military occupational specialty (MOS) 63C
(General Vehicle Repairman).

4.  On 21 June 1969, he was transferred to Vietnam and assigned to the 66th
Military Police Company, 93rd Military Police Battalion.

5.  On 20 June 1970, the applicant returned to Fort Lewis, Washington for
separation processing.  His DD Form 214 shows that he was honorably
separated on the same date.  He had completed 1 year, 11 months and 26 days
of creditable service and he had no lost time.  He was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good
Conduct Medal, Expert Marksmanship Qualification Badge (M-16 Rifle), and
two Oversea Service Bars.  The BSM is not shown as an authorized award.

6.  The applicant served in Vietnam during the Vietnam Summer-Fall 1969,
Vietnam Winter-Spring 1970 and the DA Sanctuary Counteroffensive campaigns.

7.  General Orders Number 86, Headquarters, 18th Military Police Brigade,
dated 5 July 1970, shows the applicant was awarded the BSM for meritorious
service in Vietnam for the period of service from July 1969 to June 1970.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal, service medals and service ribbons, combat
and special skill badges and tabs, unit decorations, and trophies and
similar devices awarded in recognition of accomplishments.  It provides, in
pertinent part, that:

      a.  The BSM is awarded in time of war for heroism and for meritorious
achievement or service.  All personal decorations require a formal
recommendation, approval through the chain of command, and announcement in
orders.

      b.  A bronze service star is authorized 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 applicant is authorized award of three bronze service stars to
be worn on the VSM to represent the campaigns that he participated in from
21 June 1969
20 June 1970.

9.  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 applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 8 February 1962 to 28 March 1973 by DAGO
Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 86, dated 5 July 1970, and the documents that the
applicant provided support correcting his DD Form 214 to show award of the
BSM.

2.  The evidence also supports correcting the applicant DD Form 214 to show
award of the Vietnam Gallantry Cross Unit Citation with Palm for the period

8 February 1962 to 28 March 1973 and three bronze service stars to be worn
on the VSM to represent the campaigns that he participated in from 21 June
1969 to 20 June 1970.

BOARD VOTE:

__fe____  __mkp___  __cak___  GRANT 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 BSM, Vietnam
Gallantry Cross Unit Citation with Palm and three bronze service stars to
be worn on the VSM.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR200410000981                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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