RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040010072


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 records be corrected to show award of
the Air Medal and the Combat Infantryman Badge (CIB).

2.  The applicant states that he was recently going through his records and
found that these medals had not been documented on his DD Form 214 (Report
of Separation or Transfer) and that the certificate for the Air Medal he
has does not have his name typed in.

3.  The applicant provides copies of his DD Form 214, an incomplete Air
Medal Citation, three photographs showing him wearing the CIB, and a 3rd
Battalion, 7th Infantry Regiment, 199th Infantry Brigade Vietnam Combat
Certificate.

4.  The applicant indicated he was submitting a letter from a fellow
Soldier; however, this document was not associated with the file.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1970, the date of his release from active duty.  The
application submitted in this case is dated 14 November 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 correction of his records to show award of the
Air Medal and Combat Infantryman Badge.  There are no orders or other
evidence authorizing award of the Air Medal to the applicant.  In the
absence of a proper award authority for this decoration, the applicant may
request award of the Air 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.  The applicant's records show he entered active duty on 26 June 1968,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).

5.  The applicant served in Vietnam with C Company, 3rd Battalion, 7th
Infantry Regiment, 199th Infantry Brigade from December 1968 to December
1969.

6.  Headquarters, 199th Infantry Brigade Special Orders Number 51, dated
20 February 1969, awarded the applicant the Combat Infantryman Badge.

7.  The applicant was honorably released from active duty as a sergeant (E-
5) on 25 June 1970.  He had 2 years of creditable service.

8.  The 25 June 1970 DD Form 214 lists the applicant's awards as the Army
Commendation Medal with 2 Oak Leaf Clusters, the Good Conduct Medal, the
National Defense Service Medal, the Vietnam Service Medal with two bronze
service stars, the Republic of Vietnam Campaign Medal with "1960" device,
the Expert Badge with Machinegun Bar, the Sharpshooter Badge with Rifle
Bar, and Marksman Badge with Rifle Bar.

9.  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 while the applicant was
assigned to the
7th Infantry Regiment it was cited for award of the Valorous Unit Award,
the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Medal First Class Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service
star, based on qualifying service, for each designated campaign listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he
participated in the following four campaigns:  the Counteroffensive Phase
VI, 2 November 1968 – 22 February 1969; the Tet 69 Counteroffensive,
23 February 1969 – 8 June 1969; Vietnam Summer–Fall 1969, 9 June 1969 –
31 October 1969; Vietnam Winter–Spring 1970; and 1 November 1969 – 30 April
1970.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB on 20 February 1969; therefore, it is
appropriate to correct his records to reflect this award.

2.  The applicant is also authorized award of the Valorous Unit Award, the
Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the
Republic of Vietnam Civil Actions Medal First Class Unit Citation, and to
wear four bronze service stars on his Vietnam Service Medal.


BOARD VOTE:

__JRM __  __SLP __  __RLD__  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 showing, that in addition to the
awards listed on his DD Form 214, he is also authorized the Combat
Infantryman Badge, the Valorous Unit Award, the Republic of Vietnam Cross
of Gallantry with Palm Unit Citation, the Republic of Vietnam Civil Actions
Medal First Class Unit Citation, and to wear four bronze service stars on
his Vietnam Service Medal.





                            _       Shirley L. Powell_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010072                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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