RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040011032


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette 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 record be corrected to show award of
the Bronze Star Medal and the Air Medal.  He states that the recent
certificate showing award of the Bronze Star Medal is not the same as the
one he received in Vietnam, implying that he be issued a correct
certificate.

2.  The applicant states that he was awarded an Air Medal and Bronze Star
Medal for missions he performed in Vietnam while assigned to the 8th
Engineer Battalion of the 1st Cavalry Division.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 March 1976.  The application submitted in this case is
dated        3 December 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.  There are no orders or other evidence authorizing award of the
Air Medal.  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 the Record of Proceedings.

4.  The applicant was inducted into the Army on 10 June 1968, trained as an
engineer, and in late October 1968 assigned to a unit of the 8th Engineer
Battalion in Vietnam.  He was promoted to pay grade E-4 in December 1968.
On 18 September 1969 orders were published awarding the applicant the
Bronze Star Medal for meritorious service.   The applicant returned to the
United States in October 1969 and was assigned to Fort Campbell, Kentucky.


5.  The applicant participated in four campaigns during his tour of duty in
Vietnam and the 8th Engineer Battalion was awarded the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
for its actions while the applicant was assigned to that organization.

6.  The applicant was discharged on 12 March 1970 and enlisted in the Army
for 6 years the following day.  He completed his term of service and was
discharged at Fort Hood, Texas on 12 March 1976.  The applicant’s DD Form
214 does not show award of the Bronze Star Medal.  It does show award of
the Vietnam Service Medal with three bronze service stars, but in so doing
does not credit him with participation in a fourth campaign during his tour
in Vietnam.

7.  In a 25 October 1974 letter to the applicant the National Personnel
Records Center indicated that it had forwarded to him the Bronze Star Medal
Certificate and his personnel records that he had requested.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal.  His records should be
corrected to reflect that award.  There is, however, no evidence concerning
the Bronze Star Medal Certificate apparently forwarded to him by the
National Personnel Records Center.  Even so, it is impossible to issue the
applicant a “correct” certificate, assuming that his original certificate
issued some 36 years ago is irrevocably lost.  Consequently, his request
that he be issued a “correct” Bronze Star Medal Certificate cannot be
granted.

2.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).

3.  The applicant is entitled to award of the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SP ___  __RD ___  __JM ___  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 showing award of the
Bronze Star Medal, Vietnam Service Medal with four bronze service stars,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.

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 the
issuance of a “correct” Bronze Star Medal Certificate.




                            ______Shirley Powell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011032                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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