RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 March 2005
      DOCKET NUMBER:  AR20040004145


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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) and
BSM with Valor (“V”) Device he earned be added to his separation document
(DD Form 214).

2.  The applicant states, in effect, that he was awarded the BSM for
meritorious service and the BSM with “V” Device while serving in the
Republic of Vietnam (RVN).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 12 July 1968.  The application submitted in this case was
received on 13 July 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’s record shows that he was inducted into the Army and
entered active duty on 13 July 1966.  He was trained in, awarded and served
in military occupational specialty (MOS) 11B (Infantryman) and the highest
rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 7 January 1967 through 5 January 1968.  During his
RVN tour, he was assigned to the United States Army Signal Security Force
from
10 January 1967 through 3 June 1967 and to Company C, 2nd Battalion,
12th Cavalry Regiment from 4 June 1967 through 5 January 1968.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 1st Cavalry Division General Orders Number 7372,
dated 15 December 1967.  These orders awarded the applicant the BSM, for
meritorious service from January 1967 through December 1967.
6.  The MPRJ also contains a copy of Headquarters, 1st Cavalry Division
General Orders Number 73, dated 7 January 1968.  These orders awarded the
applicant the BSM with “V” Device, for heroism in connection with military
operations against a hostile force in the RVN on 2 November 1967.

7.  The applicant’s MPRJ contains no derogatory information and there is no
documented record of a disqualification from any of his active duty
commanders that would have precluded him from receiving the Army Good
Conduct Medal (AGCM).

8.  On 12 July 1968, the applicant was honorably separated at the
expiration of his term of service (ETS).  At the time, he had completed a
total of 2 years of active military service.  Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of the separation document (DD Form 214) issued to the
applicant upon his separation shows that he earned the following awards:
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal, Combat Infantryman Badge, BSM, Air Medal, 2nd Class Gunner
Award, Sharpshooter Qualification Badge with Rifle Bar and 2 Overseas Bars.


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 B-1 contains a list of RVN campaigns.  It shows that during his
tenure of assignment in the RVN, the applicant was credited with
participating in the Vietnam Counteroffensive Phase II and Vietnam
Counteroffensive Phase III campaigns.

10.  Chapter 3 of the awards regulation outlines the criteria for award of
the BSM and states, in pertinent part, that it is awarded to members who
distinguished themselves by heroic or meritorious achievement or service in
connection with military operations against an armed enemy.  The regulation
stipulates an
Oak Leaf Cluster is issued to denote award of second and succeeding awards
of the BSM and a “V” Device is awarded to denote an award of the BSM 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.
Although there is no automatic entitlement to the GCM, 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 (Company c, 2nd Battalion, 12th
Infantry Regiment) earned the Presidential Unit Citation, Valorous Unit
Award and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the BSM, for
meritorious service and the BSM with “V” Device for heroism.  Therefore,
his record and separation document should be corrected to show he earned
the BSM 1st Oak Leaf Cluster with “V” Device, which confirms two awards of
the BSM.

2.  The applicant’s record is also void of any derogatory information or a
specific disqualification by any of the active duty unit commanders for
whom he served.  As a result, it would be appropriate to award him the
first award of the AGCM, for his qualifying period of honorable active duty
service from 13 July 1966 through 12 July 1968.

3.  The evidence of record also shows that based on his RVN service and
campaign participation, he is entitled to the  Presidential Unit Citation,
Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation and 2
bronze service stars with his Vietnam Service Medal.  Thus, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

___WDP_  ___RJW_  ___LGH_  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 the applicant was awarded the
Bronze Star Medal 1st Oak Leaf Cluster with “V” Device; by awarding him the
first award of the Army Good Conduct Medal; by showing that based on his
RVN service and campaign participation, he is entitled to the Presidential
Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross
with Palm Unit Citation and
2 bronze service stars with his Vietnam Service Medal; and by providing him
a corrected separation document that reflects these awards.




            ____William D. Powers____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004145                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/31                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/07/12                              |
|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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