RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 June 2005
      DOCKET NUMBER:  AR20040007586


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |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 all his foreign service and all
awards to which he is entitled be added to his record and separation
document (DD Form 214).

2.  The applicant states, in effect, that he served in Germany from 1956
through 1957 and from 1963 through 1965, in Korea from 1960 through 1961
and in the Republic of Vietnam (RVN) from 1966 through 1967.  He also
states that he received two awards of the Bronze Star Medal (BSM) that are
not included in the list of authorized awards in his DD Form 214.

3.  The applicant provides the following documents in support of his
application:  BSM Orders and Certificates, DD Form 214, and Assignment
Orders to Korea and Germany.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 1 February 1968.  The application submitted in this case
is dated
13 September 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 active duty military records were not provided to the
Board.  The case is being reviewed using reconstructed records that consist
of his
1 February 1968 DD Form 214 and military records created during his
subsequent service in the Iowa Army National Guard (ARNG).

4.  The applicant’s record shows that he served on active duty from January
1956 through 1 February 1962.  The final DD Form 214 he was issued
documents his active duty service from 2 February 1962 through 1 February
1968.  This document shows he completed a total of 12 years of active
military service.  It also shows he attained the rank of staff sergeant
(SSG) on
27 February 1964, and that this was the rank he held on the date of his
separation.
5.  Item 22c (Foreign Service) of the applicant’s 1 February 1968 DD Form
214 also shows that he completed 3 years, 11 months and 15 days of overseas
service during the period of active duty documented by the separation
document. It also confirms that the overseas theaters he completed this
service in were the United States Army Europe (USAREUR) and the United
States Army Vietnam (USARV).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s 1 February 1968
separation document shows he earned the following awards during the period
covered by the DD Form 214:  Army Good Conduct Medal (AGCM)
2nd Award, Air Medal (AM), Expert Infantryman Badge (EIB), Vietnam Service
Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal,
Combat Infantryman Badge (CIB) and 2 Overseas Bars.

7.  The applicant provides a copy of 1st Cavalry Division General Orders
(GO) Number (#) 4300, dated 27 July 1967.  These orders awarded him the BSM
for meritorious service in the RVN during the period August 1966 through
August 1967.  These orders also identified the applicant’s unit as Company
A,
5th Battalion, 7th Cavalry Regiment.

8.  The applicant also provides a copy of 1st Cavalry Division GO # 4532,
dated
30 August 1967.  These orders awarded him the BSM 1st Oak Leaf Cluster with
Valor (“V”) Device, for heroism in connection with military operations
against a hostile force in the RVN on 19 May 1967.

9.  The applicant provides orders assigning him to Germany on 9 July 1956
and which establish his date of return to the United States as February
1959.  He also provides orders assigning him to Korea on 30 March 1960, but
no return orders were provided.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that are issued to individuals who are retired, discharged or
released from active duty.  The regulation also contains guidance on
preparation of the
DD Form 214.  The regulation in effect at the time of the applicant’s
release from active duty specified that overseas service performed during
the period covered by the DD Form 214 and the overseas theater in which the
member last served would be entered in Item 22c.  It also provided for
documenting RVN service in Item 30 (Remarks) by using inclusive dates of
service, for example “Vietnam:  1 Aug 68-31 Jul 69”.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the VSM.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table B-1
contains a list of RVN campaigns and verifies that during his tenure of
assignment in the RVN,
the applicant was credited with participating in the Vietnam
Counteroffensive Phase II and Vietnam Counteroffensive, Phase III
campaigns.

12.  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 RVN
tenure of assignment, his unit (5th Battalion, 7th Cavalry Regiment) earned
the Valorous Unit Award and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides orders showing he served in Germany between 1956
and 1959 and that he was assigned to Korea in March 1960.  However, there
is no evidence of record to corroborate the overseas service periods the
applicant completed prior to 2 February 1962.

2.  Further, in accordance with the separation regulation in effect at the
time, the foreign service completed by the applicant during his prior
active duty service would have been recorded in Item 22c of the DD Form 214
he was issued to document his active duty service between January 1956 and
1 February 1962.  As a result, absent the DD Form 214 issued for this prior
period of active duty service, there is an insufficient evidentiary basis
to support documenting any overseas service performed by the applicant
prior to 1 February 1962.

3.  The evidence of record, coupled with the Germany assignment orders
provided by the applicant, confirmed he served in Vietnam for 1 year and in
the USAREUR (Germany) for 2 years, 11 months and 15 days during the period
of active duty service he completed between 2 February 1962 and 1 February
1968.

4.  The independent evidence provided by the applicant is sufficiently
credible to support adding the BSM 1st Oak Leaf Cluster with “V” Device to
the list of awards contained on his 1 February 1968 DD Form 214, and to add
the following entry to Item 30:  “Vietnam - August 1967-August 1968”.

5.  The evidence of record also 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 and 2
bronze service stars with his VSM.  Therefore, it would also be appropriate
to add these awards to his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___RJW_  ___KWL_  ___DRT_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 24 of his
1 February 1968 DD Form 214 by adding the Bronze Star Medal 1st Oak Leaf
Cluster with “V” Device, Valorous Unit Award, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and 2 bronze service stars to his Vietnam
Service Medal; by adding the entry “Vietnam - August 1967-August 1968” to
Item 30; and by providing him a corrected separation document that reflects
these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
documenting any foreign service performed by the applicant prior to 1
February 1962.




            ____Raymond J. Wagner___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007586                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/02/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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