RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 May 2005
      DOCKET NUMBER:  AR20040005660


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 the Bronze Star Medal be added to his
discharge, in effect, his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

2.  The applicant states he has the orders, but it is not on his DD Form
214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
orders for the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or
injustice) which occurred on 26 January 1972.  The application submitted in
this case is dated 7 August 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.  On 27 June 1969, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed all required training and was subsequently
award military occupational specialty (MOS) 11B40, Light Weapons
Infantryman.

4.  He subsequently was assigned to the Republic of Vietnam and served
there from 7 August 1970 through 5 July 1971.  He was assigned to two
different units during his tour in the Republic of Vietnam.

5.  On 26 January 1972, the applicant was honorably released from active
duty and transferred to the U.S. Army Control Group (Reinforcement).  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Army Commendation Medal with "V" device, the Combat Infantryman Badge, the
Vietnam Service Medal, the Vietnam Campaign Medal with 60 device, and the
Marksman Marksmanship Badge for the Rifle, M-16.

6.  The applicant has provided a copy of General Orders Number 7412,
published by Headquarters, 101st Airborne Division (Airmobile), dated 15
July 1971, awarding him the Bronze Star Medal for meritorious service for
the period July 1970 through July 1971.

7.  The applicant's record contains a copy of General Orders Number 648,
Headquarters, 101st Airborne Division (Airmobile), dated 19 January 1971,
awarding the applicant the Army Commendation Medal for meritorious
achievement for the period 1 August 1970 to 31 December 1970.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal (GCMDL), service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The Bronze Star Medal (BSM) is awarded in time of war for heroism
and for meritorious achievement or service.  As with all personal
decorations, formal recommendation, approval through the chain of command,
and announcement in orders is required.  Recommendations must be made
within 2 years of the event or period of service and the award must be made
within 3 years.

      b.  The GCMDL 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 GCMDL, disqualification must be justified.

      c.  The Army Commendation Medal may be awarded to any member of the
Armed Forces of the United States who, while serving in any capacity with
the Army after 6 December 1941, distinguished himself or herself by
heroism, meritorious achievement or meritorious service.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

      d.  A bronze service star is awarded, based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  A single
silver service star denotes five campaigns.  The applicant served in
Vietnam during two campaigns -- Vietnam Counteroffensive, Phase VII, which
extended from 1 July 1970 through 30 June 1971, and Consolidation I, which
extended from 1 July through 30 November 1971.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the units to which the applicant
was assigned were cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.

10  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one OSB is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the OSB.  The applicant is entitled to two OSBs.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant is entitled to award of the Bronze
Star Medal and the Army Commendation Medal, both for meritorious
achievement.  Therefore, he is entitled to correction of his records to
show these awards.

2.  The applicant served honorably and faithfully throughout his period of
induction.  He entered active duty in the rank of Private (PVT/E-1) and was
released from active duty in the rank of Sergeant (SGT/E-5).  He achieved
that rank in a period of 2 years, 7 months, and 0 days of active duty.
There is no indication of any lost time or indiscipline in the applicant's
available personnel records, nor any indication that he was otherwise
disqualified from receiving the GCMDL by any of his unit commanders: He is
therefore entitled to award of the GCMDL for the period 27 June 1969
through 26 January 1972.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award; however, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which were
not correctly shown by award of two bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with two
bronze service stars and correction of his DD Form 214 to show this award.


4.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show this foreign unit award.

5.  According to AR 670-1 and his service records, the applicant is
entitled to award of two Overseas Service Bars.  Therefore, he is entitled
to correction of his records to show award of two Overseas Service Bars.

BOARD VOTE:

__jea___  __lgh___  __lvb___  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:

      a.  Deleting the Army Commendation Medal with "V" device and the
Vietnam Service Medal;

      b.  Adding the Bronze Star Medal, the Army Commendation Medal with
"V" device and Oak Leaf Cluster, the Good Conduct Medal, the Vietnam
Service Medal with 2 bronze service stars, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and two Overseas Service Bars.




                                  James E. Anderholm
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005660                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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