RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040006940


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be amended to add the Army
Commendation Medal with "V" device and the Bronze Star Medal.

2.  The applicant makes no additional statement.

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    22 September 1969.  The application submitted in this case
is dated 26 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 was inducted into the Army on 4 October 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 13A (Field Artillery Basic).

4.  The applicant arrived in Vietnam and was assigned to Battery B, 8th
Battalion, 6th Artillery, 1st Infantry Division on 4 January 1969.  He was
reassigned to Battery A of the same unit on 17 April 1969.

5.  The applicant was awarded the Army Commendation Medal with "V" device
on Headquarters, 1st Infantry Division General Orders Number 3351 dated
    1 May 1969.

6.  The applicant was awarded the Bronze Star Medal on Headquarters, 1st
Infantry Division General Orders Number 9504 dated 25 August 1969.

7.  The applicant departed Vietnam on 20 September 1969 after receiving
credit for participating in three campaigns.  He was honorably released
from active duty on 22 September 1969, in the rank and grade of Sergeant, E-
5, after completing 1 year, 11 months, and 19 days of creditable active
service.  His DD Form      214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal.

8.  The applicant's DA Form 20 shows his conduct and efficiency were rated
as "excellent" throughout his service and there is no record of any
disciplinary action taken against him.

9.  Army Regulation 600-8-22 (Military Awards) provides for the wear of one
bronze service star on the appropriate service medal for each campaign
participation credit.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

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 shows that, at the time of the
applicant's assignment to the 8th Battalion, 6th Artillery, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period October 1965 through 7 April 1970 on
Department of the Army General Order Number 53 dated 1970.

12.  Department of the Army General Orders Number 8 dated 1974 announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army
Commendation Medal with "V" device and the Bronze Star Medal and so these
awards should be added to his DD Form 214.
2.  The applicant received "excellent" conduct and efficiency ratings
throughout his service, his records contain no evidence of any disciplinary
action taken against him, and he was promoted to Sergeant, E-5 with less
than 2 years of service.  It appears he met the eligibility criteria for
award of the Army Good Conduct Medal.

3.  The applicant met the eligibility criteria for the wear of three bronze
service stars on the Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  In addition, later all units assigned to Vietnam were
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
His DD Form     214 should be amended to add these unit awards.

BOARD VOTE:

__mkp___  __phm___  __lmd___  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:

    a.  awarding him the Army Good Conduct Medal for the period 4 October
1967 through 22 September 1969; and

     b.  amending his DD Form 214 to add the Army Commendation Medal with
"V" device, the Bronze Star Medal, the Army Good Conduct Medal, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and by showing he is
authorized to wear three bronze service stars on the Vietnam Service Medal.




            _Margaret K. Patterson
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040006940                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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