RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 August 2005
      DOCKET NUMBER:  AR20040009646


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne 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, in effect, correction of his military records
to show award of the Presidential Unit Citation, the Valorous Unit Award,
the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, four bronze service stars to be affixed to the
Vietnam Service Medal, and one or two awards of the Overseas Service Bar.
He also requests the issuance of all awards and decorations to which he is
entitled.

2.  The applicant states, in effect, while he was assigned to Company C,
3rd Battalion (Airborne), 187th Infantry in Vietnam his unit participated
in four campaigns and earned the Presidential Unit Citation, the Valorous
Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  He also states he should have
been credited with one or two awards of the Overseas Service Bar.

3.  The applicant provides an excerpt from his DA Form 20 (Enlisted
Qualification Record); citations for the Army Commendation Medal with First
Oak Leaf Cluster and the Bronze Star Medal; orders for the Bronze Star
Medal with "V" Device; and a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 October 1969.  The application submitted in this case is dated 24
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 limitation 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 enlisted on 11 October 1966 for a period of 3 years.  He
served as an infantryman assigned to Company C, 3rd Battalion (Airborne),
187th Infantry in Vietnam from 4 December 1967 through 10 October 1968.  On

10 October 1969, the applicant was released from active duty.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Parachutist Badge, the Vietnam Service Medal, the Combat Infantryman
Badge, the Vietnam Campaign Medal, the Army Commendation Medal, two awards
of the Bronze Star Medal (one award for valor), the Good Conduct Medal, and
two awards of the Purple Heart as authorized awards.

5.  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 applicant's unit is entitled
to award of the Presidential Unit Citation for actions during the period 13
June 1968 to
23 September 1968 based on Department of the Army General Orders Number 38,
dated 1971.

6.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to award of the Valorous Unit Award for actions during the period
16-22 March 1968 based on Department of the Army General Orders Number 22,
dated 1976.

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to award of the Meritorious Unit Commendation for actions during
the period
14 March 1968 to 3 October 1968 based on Department of the Army General
Orders Number 22, dated 1976.

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 43, dated
1970.

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number 48, dated 1971.

10.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

11.  Headquarters, 101st Airborne Division General Orders Number 5813,
dated 11 September 1968, show the applicant received the Army Commendation
Medal for meritorious achievement during the period 1 March 1968 to 31 July
1968 in Vietnam.

12.  Headquarters, 82nd Airborne Division General Orders Number 268, dated
22 October 1969, show the applicant received the Army Commendation Medal
for meritorious service during the period 20 November 1968 to 10 October
1969.

13.  Army Regulation 600-8-22 (Military Awards), 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.

14.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states that one overseas
service bar 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 in Vietnam and the month of
departure from Vietnam will count as a whole month for credit toward the
overseas service bar.

15.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal, the Bronze
Star Medal, and the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit received the Presidential Unit Citation, the
Valorous Unit Award, the Meritorious Unit Commendation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation while he was
assigned to it.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  Since the Overseas Service Bar is an item of uniform wear and not an
award or decoration, there is no basis for granting the applicant’s request
to show the one award of the Overseas Service Bar he is eligible to wear on
his DD Form 214.

4.  The applicant's DD Form 214 shows one award of the Army Commendation
Medal.  However, orders show he received two awards of the Army
Commendation Medal.  Therefore, his DD Form 214 should be corrected to show
award of the Army Commendation Medal with First Oak Leaf Cluster.

5.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards currently shown on his DD
Form 214 by submitting a request in writing to the following address:
National Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue,
St. Louis, Missouri 63132-5100.  A copy of the DD Form 214 should be
included with the request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

JA_____  RD______  LD______  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 his DD Form
214 to show that he was awarded the Presidential Unit Citation, the
Valorous Unit Award, the Meritorious Unit Commendation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service
Medal with four bronze service stars, and the Army Commendation Medal with
First Oak Leaf Cluster.

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
adding the Overseas Service Bar to his DD Form 214.



            ____James Anderholm___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009646                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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