RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 April 2005
      DOCKET NUMBER:  AR20040004422


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 a Bronze Star Medal (BSM) he
was awarded be added to his separation document (DD Form 214).

2.  The applicant states, in effect, that he was awarded the BSM for
meritorious service in the Republic of Vietnam (RVN) from January through
December 1968, but this award was not included in the list of awards
contained on his final
DD Form 214.

3.  The applicant provides a copy of his separation document and BSM
orders, certificate and citation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 31 March 1971.  The application submitted in this case is
dated
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 initially entered active duty in
the Army on 29 July 1952.  He was trained in, awarded and served in
military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman)
and MOS 11B (Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he was
promoted to the rank of sergeant first class (SFC) on 11 July 1968 and that
this is the highest rank he attained while serving on active duty.  It also
shows that he completed three overseas tours of duty in Korea, two tours in
Germany and two tours in the RVN.
5.  The DA Form 20 shows he served in Korea from 1 March 1953 through 1 May
1954, from 6 June 1957 through 21 September 1968 and from 9 March 1960
through 28 March 1961.  During his first tour in Korea, he was assigned to
Company E, 14th Infantry Regiment, performing duties as an infantry senior
rifleman.  It further shows he served in Germany from 5 January through 29
May 1956 and from 19 November 1962 through 12 September 1965.  It also
confirms that he served in the RVN from 4 November 1967 through 26 December
1968 and from 1 May 1970 through 24 April 1971.  During his first RVN tour,
he was assigned to Company B, Headquarters and Headquarters Company (HHC)
and Company E of the 3rd Battalion, 22nd Infantry Regiment.  During his
second tour, he was assigned to the Military Assistance Command, Vietnam
(MACV).

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that he earned the following awards during his active duty tenure:  Combat
Infantryman Badge (CIB) 2nd Award, United Nations Service Medal (UNSM),
Korean Service Medal (KSM) with 2 bronze service stars, National Defense
Service Medal (NDSM) 1st Oak Leaf Cluster, Purple Heart (PH), RVN Campaign
Medal (RVNCM), Vietnam Service Medal (VSM), Army Good Conduct Medal (AGCM)
6th Award, RVN Gallantry Cross (RVNGC) with Palm Unit Citation, Army
Commendation Medal (ARCOM), Overseas Service Bars (6), and Expert
Qualification Badge with Rifle Bar.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 25th Infantry Division General Orders (GO) Number
8867, dated 17 December 1968.  These orders awarded the applicant the BSM,
for meritorious service in the RVN during the period January through
December 1968.

8.  On 31 March 1971, the applicant was honorably released from active duty
for the purpose of retirement.  The DD Form 214 he was issued confirms he
completed a total of 23 years, 1 month and 3 days of active military
service and held the rank of SFC on the date of his separation.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he
earned the following awards during his active duty tenure:  CIB 2nd Award,
UNSM, KSM, NDSM 1st Oak Leaf Cluster, VSM, PH, RVNCM, VSM,
AGCM 6th Award, RVNGC with Palm Unit Citation, ARCOM, Overseas Service Bars
(6), and Expert Qualification Badge with Rifle Bar.



10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 provides
guidance on the Vietnam Service Medal.  It states, in pertinent part, that
a bronze service star is authorized with this award for each campaign a
member is credited with participating in while serving in the RVN.  A
silver service star is used in lieu of five bronze service stars to denote
participation in five campaigns.

11.  Paragraph 5-8 of the awards regulation contains guidance on the Korean
Service Medal.  It states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in Korea between 27 June 1950 and 27 July
1954.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II and the Korean Conflict.  This
source confirms that during his tenure of assignment in Korea, the
applicant’s unit (14th Infantry Regiment) earned the Republic of Korea
Presidential Unit Citation and was credited with participating in the Third
Korean Winter and Korea Summer 1953 campaigns.

13.  On 20 August 1999, the Department of Defense approved acceptance and
wear of this foreign service award to eligible US veterans of the Korean
War, or their surviving next of kin.  The Department of Defense assigned
responsibility to the Department of the Air Force for distribution of the
Korean War Service Medal to eligible veterans or their surviving next of
kin.  To apply, veterans must submit a copy of their discharge paper (DD
Form 214) to the Awards and Decorations Section, Headquarters, Air Force
Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base,
Texas 78150-4714.  Once the Korean War Service Medal has been authorized by
the Department of the Air Force, the applicant may apply to the Army Board
for Correction of Military Records to add this foreign award to his DD Form
214.

14.  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 (3rd Battalion, 22nd Infantry)
earned the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation
and RVN Civil Actions Honor Medal First Class Unit Citation.

15.  Army Pamphlet 672-3 further shows that during his two RVN tours, the
applicant was credited with participating in the following seven campaigns:
 Vietnam Counteroffensive Phase III, TET Counteroffensive 1968, Vietnam
Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, Sanctuary Counteroffensive 1970 and Vietnam
Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he was awarded the BSM and that this award
was erroneously omitted from the list of awards contained on his final
separation document was carefully considered and found to have merit.

2.  The evidence of record includes a copy of Headquarters, 25th Infantry
Division GO Number 8867, dated 17 December 1968.  These orders awarded the
applicant the BSM, for meritorious service in the RVN during the period
January through December 1968.  As a result, it would be appropriate to add
the BSM to his record and DD Form 214 at this time.

3.  The evidence of record further shows that based on his service and
campaign participation in Korea, he is entitled to the Republic of Korea
Presidential Unit Citation and 2 bronze service stars with his Korean
Service Medal.  Thus it would also be appropriate to add these awards to
his record and separation document at this time.

4.  Finally, the record confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the Valorous Unit
Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor
Medal First Class Unit Citation and 1 silver service star and 2 bronze
service stars with his Vietnam Service Medal.  As a result, it would also
be appropriate to add these awards to his record and DD Form 214 at this
time.

BOARD VOTE:

___FE  __  ___DTR_  ___RTD_  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 amending Item 26 of his 31 March 1971
DD Form 214 by deleting the Korean Service Medal and Vietnam Service Medal
and by adding the Bronze Star Medal, Republic of Korea Presidential Unit
Citation, Korean Service Medal with 2 bronze service stars, Valorous Unit
Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation and Vietnam Service Medal with 1 silver service star and 2 bronze
service stars; and by providing him a corrected separation document that
reflects these awards.




            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004422                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1975/08/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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