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ARMY | BCMR | CY2004 | 20040004321C070208
Original file (20040004321C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2005
      DOCKET NUMBER:  AR20040004321


      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. 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 that his DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show that he was awarded the
Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal for
meritorious service in Vietnam from July 1965 to June 1966.

3.  The applicant provides a copy of General Orders Number 3547,
Headquarters, US Army Vietnam, dated 9 June 1966, awarding him the Bronze
Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1982.  The application submitted in this case
is dated 20 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 is a retired First Sergeant with 21 years, 3 months, and
18 days of creditable active Federal service.  His retirement DD Form 214
shows the following awards:  Meritorious Service Medal, Army Commendation
Medal with Oak Leaf Cluster, Good Conduct Medal (7th Award), National
Defense Service Medal, Vietnam Service Medal with 4 bronze service stars,
Non-Commissioned Officer Professional Development Ribbon with 4th Device,
Army Service Ribbon, Overseas Service Ribbon (2nd Award), Vietnam Campaign
Medal, Presidential Unit Citation, Valorous Unit Award, Meritorious Unit
Citation, Vietnam Gallantry Cross Unit Citation with Palm, and Combat
Infantryman Badge.  His DD Form 214 does not show the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal by General Orders
Number 3547, Headquarters, US Army Vietnam, dated 9 June 1966.  This award
should be reflected on his DD Form 214.

2.  A review of the applicant's records and his DD Form 214 indicates that
the Bronze Star Medal is the only decoration missing from the DD Form 214.

BOARD VOTE:

__rjw___  __jtm___  __jkr___  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 by showing that he was awarded the Bronze
Star Medal.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004321                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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