RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040002811


      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          |
|     |Mr. Robert Duecaster              |     |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 that his records be corrected to reflect three
awards of the Bronze Star Medal.

2.  The applicant states his separation document reflects award of one
Bronze Star Medal but in actuality he was awarded a total of three Bronze
Star Medals.

3.  The applicant provides copies of two Bronze Star Medal certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 September 1971.  The application submitted in this
case is dated 16 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 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 was inducted
and entered active duty on 15 January 1970.  In July 1970, following
successful completion of training, the applicant was assigned to Vietnam as
a member of the, 2nd Battalion, 1st Infantry, 23rd Infantry Division.  He
remained in Vietnam until June 1971 when he returned to the United States
and was assigned to Fort Carson, Colorado for the duration of his service
contract.

4.  The applicant’s file contains a copy of an order, issued by the 23rd
Infantry Division in December 1970, which awarded the applicant a Bronze
Star Medal for meritorious achievement during the period 1 August 1970
through 30 November 1970.  His separation document does contain an entry
“Bronze Service Star.”

5.  Based on the award certificates, provided by the applicant, he was
awarded his second Bronze Star Medal in June 1971 for meritorious
achievement during the period July 1970 through May 1971.  The certificate
indicates that the award was a “First Oak Leaf Cluster,” although his file
does not contain orders confirming the award.  The award certificate was
authenticated by Major General Baldwin, commander of the 23rd Infantry
Division at the time, and reflected the imprinted signature of Stanley R.
Resor, who was Secretary of The Army through 30 June 1971.

6.  The second Bronze Star Medal certificate, provided by the applicant,
indicates that he was awarded a Bronze Star Medal in July 1971 for
meritorious achievement during the period 28 February 1971 to 8 April 1971.
 That certificate indicates the award was a “Second Oak Leaf Cluster,” and
was authenticated by Major General Frederick Kroesen, who assumed command
of the 23rd Infantry Division after General Baldwin.  The certificate
reflects the imprinted signature of Robert F. Froehlke who became Secretary
of The Army on 1 July 1971.  There were, however, no orders contained in
the applicant’s file, which confirmed the award.

7.  On 16 September 1971 the applicant was released from active duty, in
pay grade E-5, with an honorable characterization of service.

8.  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 in a unit which was subordinate to Headquarters, United States Army
Vietnam.  The applicant’s unit was such a unit.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

10.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.
DISCUSSION AND CONCLUSIONS:

1.  It is reasonable, in view of the fact that the applicant’s records
contain an order awarding him an initial award of the Bronze Star Medal, to
conclude that the entry “Bronze Service Star” on the applicant’s separation
document was intended to acknowledge the applicant’s initial award of the
Bronze Star Medal.

2.  While there are no orders in the applicant's available records awarding
him two additional awards of the Bronze Star Medal, his award certificates
are signed by the appropriate commanders and reflect the imprinted
signatures of the correct Army Secretary.  The periods of achievement
covered by the awards coincide with the applicant's dates of service in
Vietnam.  In the absence of orders, or evidence to the contrary, the Board
accepts the applicant’s award certificates as authentication of entitlement
to two additional awards of the Bronze Star Medal and in the interest of
justice concludes it would be appropriate to add the awards to his
separation document.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 16 September 1971.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 15 January 1970 through 16 September 1971.

4.  The evidence also shows that the applicant is entitled to an award of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His
records should be corrected accordingly.

BOARD VOTE:

___JS___  ___RD__  ___CD __  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:

      a.  by showing that he was awarded a total of three Bronze Star Medals
during his tour of duty in Vietnam and deleting the “Bronze Service Star”
entry;


      b.  by awarding him the Army Good Conduct Medal for the period
15 January 1970 through 16 September 1971; and


      c.  by showing that he is entitled to the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.






                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002811                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|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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