RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 March 2005
      DOCKET NUMBER:  AR20040001994


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |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, in effect, that the Bronze Star Medal (BSM) be
added to his record and separation document (DD Form 214).

2.  The applicant states, in effect, that the orders awarding him the BSM
contained an incorrect social security account number (SSAN) and this award
was never added to the list of awards contained in his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and BSM orders in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 18 December 1970.  The application submitted in this case
is dated 28 April 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 record shows that he initially enlisted in the Regular
Army and entered active duty in an enlisted status on 28 July 1967.  On 11
August 1968, he was honorably discharged for the purpose of accepting a
warrant officer appointment and on 12 August 1968, he was appointed a
warrant officer one (WO1).

4.  The applicant’s Officer Qualification Record (DA Form 66) shows that he
served in the Republic of Vietnam (RVN) from 31 August 1968 through
24 August 1969.  During his RVN tour, he was assigned to Headquarters and
Headquarters Battery (HHB), 1st Infantry Division Artillery, serving as a
helicopter pilot.

5.  The applicant’s Official Military Personnel File (OMPF) contains a copy
of Headquarters 1st Infantry Division General Orders Number 6144, dated 29
June 1969.  These orders awarded the applicant the BSM, for meritorious
service from August 1968 through August 1969.  The orders contain the
applicant’s correct service number; however, the SSAN listed contains an
incorrect number in the third character.  The third character of the SSAN
listed on these orders is the number 2.  The third digit of the applicant’s
SSAN is actually the number 1.

6.  On 18 December 1970, the applicant was honorably separated after
completing a total of 3 years, 4 months and 22 days of active military
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was
issued shows he earned the following awards during his active duty tenure:
National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal
with
60 Device, RVN Gallantry Cross with Palm Unit Citation, Distinguished
Flying Cross with 1st Oak Leaf Cluster, Air Medal (16th Award), Army
Aviator Badge, Marksman Qualification Badge with Pistol Bar, Sharpshooter
Qualification Badge with Pistol Bar, Expert Qualification Badge with Rifle
Bar, and 2 Overseas Bars.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the Vietnam Service Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in while serving in the
RVN.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (HHB 1st Infantry Division
Artillery) earned the
RVN Civil Actions Honor Medal First Class Unit Citation.  It further shows
that  based on the dates of his service in the RVN, the applicant was
credited with participating in the Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive and Vietnam
Summer-Fall 1969 campaigns.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was awarded the BSM,
for meritorious service from August 1968 through August 1969.  Therefore,
it would be appropriate to add this award to his record and separation
document at this time.  Further, it would also be appropriate to issue the
applicant corrected BSM orders that contain his correct SSAN.

2.  The record also confirms that based on his service and campaign
participation in the RVN, the applicant is also entitled to the RVN Civil
Actions Honor Medal First Class Unit Citation and 4 bronze service stars
with his Vietnam Service Medal.

BOARD VOTE:

___CD __  ___JNS__  ___LE__  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 adding the Bronze Star Medal to his
record and separation document; by issuing him corrected Bronze Star Medal
orders that contain his correct SSAN; by showing that he is entitled to the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal; and by issuing him a
corrected separation document that includes these changes.




            ____John N. Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040001994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/12/18                              |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]