RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 March 2005
      DOCKET NUMBER:  AR20040002140


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Robert Rogers                 |     |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 Air Medal, Army Commendation Medal, and
Combat Certificate be added to his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

2.  The applicant states that he earned these awards.

3.  The applicant provides:

      a.  Certificate for Army Commendation Medal for meritorious service
from April to December 1968.

      b.  Certificate for Air Medal for meritorious achievement from April
to December 1968.

      c.  1st Cavalry Division Vietnam Combat Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 May 1969.  The application submitted in this case is
dated 17 May 2004 and received on 2 June 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 was inducted into the Army of the United States for 2
years on 27 October 1967.  He was trained as a field artilleryman and sent
to Vietnam where he served with B Battery, 2nd Battalion, 19th Artillery,
1st Cavalry Division.

4.  The applicant was wounded on/about 29 December 1968 and medically
evacuated to the United States where he was a patient at the US Naval
Hospital, Great Lakes, Illinois.  He was retired by reason of temporary
physical disability on 21 May 1969.

5.  The applicant's records and his DD Form 214 show he served 1 year,
7 months, and 3 days of active service with no lost time and that he had
excellent conduct and efficiency ratings.  His awards and decorations are
listed as:  Purple Heart, National Defense Service Medal, Vietnam Service
Medal, Vietnam Campaign Medal, Expert Badge (M-16), and Sharpshooter Badge
(M-14).

6.  General Orders Number 1327, Headquarters, 1st Cavalry Division, dated
3 February 1969, awarded the applicant the Army Commendation Medal.

7.  General Orders Number 1246, Headquarters, 1st Cavalry Division, dated
31 January 1969, awarded the applicant the Air Medal.

8.  Army Regulation (AR) 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:

      a.  A bronze service star is awarded, 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.  A single silver service star denotes five campaigns.

      b.  The regulation identifies three campaigns in which the applicant
participated:  Counteroffensive, Phase IV (2 April-30 June 1968);
Counteroffensive, Phase V (1 July-1 November 1968); and Counteroffensive,
Phase VI (2 November 1968-22 February 1969).

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 9 August 1965 to 19 May 1969 by
Department of the Army General Order Number 59, dated 1969.  It also shows
that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation for the period 1 January 1969 to 1 February 1970
by Department of the Army General Order Number 42, dated 1972.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It
establishes standardized policy for preparing and distributing the DD Form
214.  It provides, in pertinent part, that letters of appreciation,
commendation, local unit certificates, etc., are not to be recorded on DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders for award of the Army
Commendation Medal and the Air Medal.  He is entitled to correction of his
DD Form 214 to reflect these awards.

2.  The 1st Cavalry Division Vietnam Combat Certificate is not an official
Army award or decoration.  It is not authorized for inclusion on the DD
Form 214.

3.  The applicant is authorized three bronze service stars for wear on his
Vietnam Service Medal.  This should be reflected on his DD Form 214.

4.  The applicant is also authorized the Vietnam Gallantry Cross Unit
Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal,
First Class Unit Citation.  These should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ar____  __reb___  __rr____  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 the DD Form 214 of the individual
concerned be corrected by:

      a.  Deleting the Vietnam Service Medal; and

      b.  Adding the Army Commendation Medal, Air Medal, Vietnam Service
Medal with 3 bronze service stars, Vietnam Gallantry Cross Unit Citation
with Palm and the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation.

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
the 1st Cavalry Division Vietnam Combat Certificate.



                                  Allen Raub
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002140                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050324                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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