RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010575


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Michael Flynn                 |     |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 corrected to show the units he
was attached to and that it show that he was a truck driver.  The applicant
also requests the award of the Bronze Star Medal.

2.  The applicant states that he served his country and that his DD Form
214 should accurately show the units he was attached to and what he did.

3.  The applicant provides a DD Form 214, with an effective date of
28 September 1970; two DD Forms 46 (U.S. Government Motor Vehicle
Operator's Identification Card); Headquarters, U.S. Army Support Command
Special Orders 133, dated 13 May 1969; and a DA Form 1577 (Department of
the Army Authorization for Issuance of Awards), dated 10 May 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 August 1973.  The application submitted in this case is dated 9 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 entered the Army on 21 November 1967.  Upon completion of
basic training and advanced individual training he was awarded the military
occupational specialty (MOS) 63H (Engine and Power Train Repairman).  The
applicant served in Germany and Vietnam.

4.  The applicant's military personnel records contain a DD Form 214, with
an effective date of 1 August 1973.  Unless otherwise specified all future
references will be addressed to this DD Form 214.  This form shows that
upon separation on 28 September 1970 the applicant immediately reenlisted
in the Army.

5.  Item 12 (Last Duty Assignment and Major Command) of the DD Form 214
shows the entry "13th Ord Co, FBT FORSCOM".  Item 38 (Record of
Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record)
shows the entry "13th Ord Co, Ft Bliss, TX" as his last unit of assignment
prior to separation.

6.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214
shows the entry "63F20 Recovery Specialist."  Item 22 (Military
Occupational Specialties) of the applicant's DA form 20 shows the entries
"SMOS (Secondary MOS) 63H20 (Engine and Power Train Repairman)" and "PMOS
(Primary MOS) 63F20 (Recovery Specialist).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons awarded or Authorized) of either DD Form 214 do not show
award of the Bronze Star Medal.  Item 41 (Awards and decorations) of the
applicants DA Form 20 does not show award of the Bronze Star Medal.

8.  Review of the applicant's records indicates he is entitled to
additional awards not shown on his DD Form 214.

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 the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 50, 1971.

10.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Meritorious Unit
Commendation based on Department of the Army General Orders Number 43,
1972.

11.  Department of the Army Pamphlet 672-3 lists campaigns participated by
units during the Vietnam War.  This document shows that, at the time of the
applicant's assignment to the 506th Supply and Service Company, it
participated in Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive,
Vietnam Summer-Fall 1969 (also known as the 11th Campaign until formally
named), and Vietnam Winter-Spring 1970.

12.  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 which in this
case is the Vietnam Service Medal.

13.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  Army Regulation 635-5, in effect at the time of the
applicant's separation from active duty, provided that all decorations,
medals, badges, citations and campaign ribbons awarded or authorized
throughout the soldier's "entire Army service" would be entered on the DD
Form 214.

14.  Army Regulation 635-5 also provides, in pertinent part, that the
primary military occupational specialty (PMOS) and all additional military
occupational specialties (MOS) served in for a period of one year or more,
during the soldier’s continuous active military service, will be entered in
item 23a (Specialty Number & Title).

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  In accordance with regulations the last duty assignment has been
correctly entered on the applicants DD Form 214.  There is no regulatory
requirement to identify units, which a Soldier was assigned or attached to,
on the DD Form 214. Therefore, there is no basis to grant relief in this
case.

3.  In accordance with regulations the correct PMOS (63F) has been entered
on the applicant's DD Form 214.  Therefore, there is no basis to grant
relief in this case.  However, regulations require that additional MOS's
will be entered on the DD Form 214.  Therefore, the applicant's DD Form 214
should be corrected to show his SMOS.

4.  There is insufficient evidence to show that the applicant was awarded
the Bronze Star Medal.  Therefore, there is no basis to grant relief in
this case.  The applicant may be confusing the Bronze Star Medal with
bronze service stars, to which he is entitled.



5.  Records show the applicant participated in four campaigns during his
service in the Vietnam War.  Therefore, he is entitled to award of four
bronze service stars to be worn on his Vietnam Service Medal.

3.  The applicant is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  Therefore, his records should be corrected to
show this award.

3.  The applicant is entitled to the Meritorious Unit Commendation.
Therefore, his records should be corrected to show this award.

6.  In accordance with regulations the applicant is entitled to have all
decorations, medals, badges, citations and campaign ribbons awarded or
authorized throughout his "entire Army service" entered on his DD Form 214.
 Therefore, his DD Form 214 should be corrected to show his awards, to
include all awards noted on his previous DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____JA__  ___BI ___  ___MF __  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 to show his SMOS as 63H,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Meritorious Unit Commendation, the Good Conduct Medal, the National Defense
Service Medal, the Republic of Vietnam Campaign Medal w/ “1960” device, and
the Vietnam Service Medal with four bronze service stars.





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
correcting the applicant's DD Form 214 to show the units he was attached
to, that he was a truck driver, or the award of the Bronze Star Medal.




                            _____James Anderholm_________________
                                      CHAIRPERSON

INDEX

|CASE ID                 |AR20040010575                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0034.0000                           |
|2.                      |107.0094.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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