RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2005
      DOCKET NUMBER:  AR20040005965


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Ms. Karen Y. Fletcher             |     |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 his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states he received the BSM for meritorious service for
duty in Vietnam during the time frame July 1969 through July 1970.  He
further indicates he received the medal and citation in the mail 1 to 2
months after his release from active duty.

3.  The applicant provides a copy of a certificate for the BSM, dated 4
July 1970, and the accompanying citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 July 1970.  The application submitted in this case is
dated 13 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.  The applicant accepted a US Army Reserve (USAR) appointment as Second
Lieutenant, Military Police Corps on 2 June 1968.

4.  On 21 July 1968, the applicant was appointed as a Second Lieutenant,
Army of the United States (AUS) and ordered to active duty from the USAR.

5.  The applicant completed all required training and was subsequently
assigned to US Army Europe (USAREUR) from 3 January 1969 through 9 June
1969.  On 11 July 1969, he was assigned to the Republic of Vietnam and
served until 9 July 1970.

6.  On 12 July 1970, the applicant was honorably released from active duty
and assigned to the U.S. Army Reserve Control Group (Annual Training).  He
completed 2 years, 1 month, and 11 days of creditable active Federal
service.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that 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.

8.  United States Army Vietnam Regulation 672-1 (Military Awards) specified
that the approval authority for award of the Bronze Star Medal was
generally delegated no lower than brigadier generals in command of separate
brigades.  However, the records of the Awards Branch of the U.S. Total Army
Personnel Command show that authority for award of the Bronze Star Medal
for service had been delegated to colonels in command of the U.S. Army
Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and separate
engineer brigades in Vietnam assigned to the US Army Engineer Troops
(Provisional).

9.  Special Orders Number 56, dated 15 February 1969, shows the applicant
was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol
Bar.

10.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, 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.  The applicant served in Vietnam
during four campaigns -- Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; Vietnam Winter-Spring 1970, which extended
from
1 November 1969 through 30 April 1970; Sanctuary Counteroffensive, which
extended from 1 May through 30 June 1970; Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

11.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders 8, dated 1974.


12.  Army Regulation 670-1, in effect at the time, governed the
requirements for the Oversea Service Bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the US Army outside of the continental limits of the United
States.  There were special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.  For Vietnam service, one overseas
service bar was authorized for each period of 6 months active Federal
service as a member of a US 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 overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the record awarding the applicant the BSM;
however, he has submitted a BSM certificate and citation.  The individual
signing the certificate was a Military Police Colonel who was later
promoted to Brigadier General in the position of the US Army Vietnam
(USARV) Provost Marshal sometime during the 1970-1971 time frame.  At this
late date, there is no conclusive evidence available to show whether or not
this individual had BSM issuance authority.  In the absence of evidence to
the contrary, it is assumed that he had such authority.  Therefore, the
certificate and citation are considered as being authentic.  It would then
be appropriate to add this award to the applicant's DD Form 214.

2.  The applicant's DD Form 214 lists the Vietnam Campaign Medal (VCM)
incorrectly.  It should be listed as the Republic of Vietnam Campaign Medal
with Device (1960).  Therefore, he is entitled to have the correction
reflected on his DD Form 214.

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 four campaigns during his assignment in Vietnam which are
not correctly shown by award of four 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
four bronze service stars and correction of his DD Form 214 to show these
awards.

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 award of this foreign unit
award by adding it to his DD Form 214.

5.  The applicant's record shows he was awarded the Sharpshooter
Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is
entitled to have this award reflected on his DD Form 214.

6.  The applicant served 12 months in Vietnam and is entitled to have two
Overseas Service Bars added to his DD Form 214.

BOARD VOTE:

__wdp___  __klw___  __kyf___  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 Vietnam Campaign Medal and Vietnam Service Medal on
his DD Form 214; and

      b.  Adding the Bronze Star Medal, the Vietnam Service Medal with four
bronze service stars, the Republic of Vietnam Campaign Medal with Device
(1960), the Republic of Vietnam Gallantry Cross Unit Citation with Palm,
the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and two
Overseas Service Bars.




                                  William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005965                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0088                                |
|3.                      |107.0094                                |
|4.                      |107.0109                                |
|5.                      |                                        |
|6.                      |                                        |


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