RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20040008231


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 the Bronze Star Medal be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he did not realize the error until a
veteran's counselor pointed it out to him.

3.  The applicant provides a copy of a photograph of the presentation of
the Bronze Star Medal and Certificate by Naval personnel while in the
hospital in Guam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 February 1970.  The application submitted in this case
is undated but received on 5 October 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 requested a correction of his records to show award of
the Bronze Star Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, it will not be discussed further in this Record of Proceedings.

4.  On 19 January 1968, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed all required training
and was assigned military occupational specialty (MOS) 11B2P, Light Weapons
Infantryman.

5.  He was assigned to the Republic of Vietnam from 12 August 1968 to
14 January 1969 with Company C, 1st Battalion, 5th Infantry (Mechanized),
25th Infantry Division.

6.  On 10 February 1970, the applicant was placed on the Temporary
Disability Retired List (TDRL).  His DD Form 214 shows he was awarded the
National Defense Service Medal, the Combat Infantryman Badge, the
Parachutist Badge, the Purple Heart, and the Vietnam Service Medal.  His DD
Form 214 has spelling errors in the abbreviations of the Vietnam Service
Medal and the Combat Infantryman Badge.

7.  On 31 August 1973, the applicant was removed from the TDRL and
transferred to the Permanent Disability Retired List (PDRL), effective
1 September 1973, with a 70% disability rating.

8.  The applicant's name appears on the Vietnam Casualty Listing as having
been twice wounded, on 3 September 1968 and 29 December 1968.  Item 40
(Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the same
dates.  Additionally, his record contains a copy of General Orders Number
302, dated 30 December 1968, published by Headquarters, 12th Evacuation
Hospital, which awarded him the Purple Heart with First Oak Leaf Cluster.
His Official Military Personnel File (OMPF) is missing the order for the
original Purple Heart.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal (GCMDL) the enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  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.  With the publication of the new Army Regulation 672-5-1
in 1974, the requirement for all excellent conduct and efficiency ratings
was dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his/her organization and
the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.



10.  On 12 January 2004, the National Personnel Records Center, St. Louis,
Missouri, verified the applicant’s entitlement to the following awards:
the Purple Heart with bronze oak leaf cluster, the National Defense Service
Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the
Republic of Vietnam Campaign Ribbon with Device 1960, the Expert
Marksmanship Qualification Badge with Mortar Bar, the Marksman Marksmanship
Qualification Badge with Rifle Bar, and the Parachutist Badge – Basic.

11.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas 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.

12.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star (bss), based on qualifying service, for each campaign listed in
Appendix B of this regulation and states that authorized bss will be worn
on the appropriate service medal.  The applicant served in Vietnam during
two campaigns -- Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968; and Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969.

13.  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 unit [1st Battalion, 5th
Infantry] to which the applicant was assigned was twice cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his
tenure with the unit.  The first period was January 1966 to August 1968 by
Department of the Army General Orders Number 48, dated 1971 and the second
period was 1 September 1968 to 30 September 1970 by Department of the Army
General Orders Number 5, dated 1973.  The applicant's unit was also cited
for the Presidential Unit Citation for actions during the period 18 August
to 20 September 1968 by Department of the Army General Orders Number 82,
dated 1969.  The applicant's unit was additionally cited for the award of
Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1
January 1966 to 21 January 1970 by Department of the Army General Orders
Number 9, dated 1979, amended by Department of the Army General Orders
Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably and faithfully throughout his period of
induction.  During this period, the applicant was twice awarded the PH.  He
entered active duty in the rank of Private (PVT/E-1) and was released from
active duty in the rank of Specialist (SP4/E-4).  He achieved that rank in
a period of 2 years, 0 months, and 21 days of active duty.  There is no
indication of any lost time or indiscipline in the applicant's available
personnel records or 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 19 January 1968 through 10 February 1970.

2.  The applicant's DD Form 214 incorrectly shows his award of the Purple
Heart. He is listed on the Vietnam Casualty Listing and in Item 40 of his
DA Form 20 as having been wounded twice.  He has official orders indicating
he has the Purple Heart with Oak Leaf Cluster.  Therefore, he is entitled
to have this correction to his DD Form 214.

3.  The applicant was awarded the Republic of Vietnam Campaign Ribbon with
Device 1960 by the National Personnel Records Center.  He served within the
time frame authorized for this award and therefore, he is entitled to have
this award added to his DD Form 214.

4.  The applicant was awarded the Combat Infantryman Badge (CIB) by Special
Orders Number 295, published by Headquarters, 25th Infantry Division, dated

11 October 1968.  Unfortunately, it is incorrectly abbreviated on his DD
Form 214.  Therefore, he is entitled to have this award correctly
abbreviated on his DD Form 214.

5.  The National Personnel Records Center verified the applicant’s
entitlement to the Expert Marksmanship Qualification Badge with Mortar Bar
and the Marksman Marksmanship Qualification Badge with Rifle Bar.
Additionally, his records contain official orders for these two awards.
Therefore, he is entitled to have these awards reflected on his DD Form
214.

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

7.  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 are
not correctly represented 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 these
service stars.

8.  General Orders show the applicant is entitled to award of the
Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal, First Class.  Therefore, he is entitled to correction of his records
to show award of these foreign unit awards by adding them to his DD Form
214.

9.  General Orders show the applicant was assigned to a unit that was cited
for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, he is entitled these unit awards by having them added
to his DD Form 214.

10.  In this case, the applicant failed to file the application within the
3-year statute of limitations.  However, based upon the review conducted,
and the discovery of errors in the applicant's records, it is determined
that it would be in the interest of justice to excuse the failure to timely
file.

BOARD VOTE:

__tsk___  __phm___  __cak___  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 incorrectly abbreviated Combat Infantryman Badge and
Vietnam Service Medal on his DD Form 214;


      b.  awarding and adding the Good Conduct Medal; and


      c.  adding the Purple Heart with Oak Leaf Cluster; the Republic of
Vietnam Campaign Ribbon with Device 1960, the Combat Infantryman Badge; the
Expert Marksmanship Qualification Badge with Mortar Bar; the Marksman
Marksmanship Qualification Badge with Rifle Bar; the Vietnam Service Medal
with 2 bronze service stars; the Presidential Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal, First Class; the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (2 awards); and 1 Overseas Service
Bar.



                                  Ted S. Kanamine
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008231                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|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.                      |107.0095                                |
|5.                      |107.0093                                |
|6.                      |                                        |


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