RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 March 2005
      DOCKET NUMBER:  AR20040003238


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 the list of awards contained on his separation document (DD Form
214).

2.  The applicant states, in effect, his DD Form 214 does not include the
BSM he was awarded on 18 January 1969.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 17 October 1969.  The application submitted in this case
is dated 16 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 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 he was inducted into the Army and entered
active duty on 19 October 1967.  He was trained in, awarded and serve in
military occupational specialty (MOS) 91B (Medical Specialist).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the Republic of Vietnam (RVN) from 6 April 1968 through 3
April 1969. During his RVN tour, he was assigned to Headquarters and
Headquarters Company (HHC), 1st Battalion, 8th Infantry, 4th Infantry
Division, performing duties in MOS 91B as a senior medical corpsman.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
received “Excellent” conduct and efficiency ratings at each of his active
duty assignments.  His Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the Army Good Conduct Medal (AGCM).
6.  The MPRJ does include a copy of Headquarters, 4th Infantry Division
General Orders (GO) Number 3616, dated 2 July 1969.  These orders awarded
the applicant the BSM with Valor (“V”) Device, for heroism in connection
with military operations against an armed hostile force in the RVN on 18
January 1969.

7.  On 17 October 1969, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months and 29 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:  National Defense Service
Medal, Vietnam Service Medal with 2 bronze service stars, RVN Campaign
Medal with 60 Device, Combat Medical Badge, Expert Qualification Badge with
Rifle Bar and 2 Overseas Bars.

8.  On 19 June 1987, the Army Reserve Personnel Center (ARPERCEN) issued a
correction to the applicant’s separation document (DD Form 215) that
amended the applicant’s 17 October 1969 DD Form 214 by adding the BSM to
Item 24.  The BSM entry added by this document did not include the “V”
Device.

9.  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.  Table 2-1 contains a list of authorized campaigns and it shows that
during his assignment tenure, the applicant was credited with participating
in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI and TET 69 Counteroffensive campaigns.

10.  Paragraph 3-13 of the awards regulation contains guidance on award of
the BSM.  It states, in pertinent part, that it is awarded to any person
who, while serving in any capacity in or with the Army of the United States
after 6 December 1941, distinguished himself or herself by heroic or
meritorious achievement or service.  Awards may be made for acts of
heroism, performed under circumstances described above, which are of lesser
degree than required for the award of the Silver Star.  The regulation
stipulates that a “V” Device is authorized with the BSM to denote an award
made for heroism (valor).

11.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  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, in
which case a period of more than one year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

12.  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 (HHC, 1st Battalion, 8th
Infantry) earned the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the BSM was added to the list of awards
contained in Item 24 of the applicant’s 17 October 1969 DD Form 214 by a
DD Form 215 issued on 19 June 1987.  However, this entry did not include
the “V” Device to denote the applicant received the BSM for heroism
(valor).  Therefore, it would be appropriate to correct the record and
separation document to show the applicant was awarded the BSM with “V”
Device.

2.  The applicant's record also confirms he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, he
should be awarded the first award of the AGCM, for his qualifying period of
honorable active duty service from 19 October 1967 through 17 October 1969.


3.  The record also confirms that based on his service and campaign
participation in the RVN, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation
and 4 bronze service stars with his Vietnam Service Medal.  Thus, it would
also be appropriate to add these awards to his record at this time.
BOARD VOTE:

___JTM _  ___RJW _  ___JKR _  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:

      a.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying period of honorable active duty service from 19 October 1967
through 17 October 1969;


      b.  amending Item 24 of his 17 October 1969 DD Form 214 by deleting
the current list of awards and replacing it with the following entry:
Bronze Star Medal with “V” Device, Army Good Conduct Medal, National
Defense Service Medal, Combat Medical Badge, Vietnam Service Medal with 4
bronze service stars, Republic of Vietnam Campaign Medal with 60 Device,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert
Qualification Badge with Rifle Bar and
2 Overseas Bars; and

      c.  providing him a corrected separation document that includes these
changes.




            ____Raymond J. Wagner__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040003238                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/10/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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