RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011186


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 the award
of the Purple Heart, Bronze Star Medal with V device, and two awards of the
Army Commendation Medal.

2.  The applicant states that he would like to add his "Bronze Star Medal
with V, Purple Heart and two Army Commendation Medals to his records.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an effective date of 2 January 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 January 1971.  The application submitted in this case is
dated 4 September 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 active duty on 8 January 1969.  Upon completion
of basic training and advanced individual training he was awarded the
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The
applicant served with the 9th Infantry Division in Vietnam.

4.  Headquarters, 3rd Brigade of the 9th Infantry Division General Orders
Number 35, dated 12 March 1970 show that the applicant was awarded the
Purple Heart for wounds received in connection with combat operations on
11 February 1970.

5.  Headquarters 9th infantry Division General Orders 9424, dated 9 July
1968, show that the applicant was awarded the Army Commendation Medal for
outstanding achievement for the period 1 April 1969 through 29 May 1969.

6.  A review of the applicant's official military personnel file (OMPF), to
include his DA Form 20 (Enlisted Qualification Record), does not show award
of the Bronze Star Medal or a second award of the Army Commendation Medal.

7.  A review of the applicant's OMPF indicates he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 973.  Qualifying service included assignment in Vietnam for
6 months or more.

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 55, 1971

10.  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, Company D, 6th Battalion, 31st Infantry Regiment of the 9th
Infantry Division,  was cited for award of the Republic of Vietnam Civil
Actions Honor Medal based on Department of the Army General Orders Number
59, 1969.

11.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, Company E, 75th Infantry (Ranger), 3rd Brigade
of the 9th Infantry Division, was also cited for award of the Republic of
Vietnam Civil Actions Honor Medal based on Department of the Army General
Orders Number 55, 1971.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Vietnam War.  This document shows that, at the time of the applicant's
assignment to the 9th Infantry Division it participated in TET 69
Counteroffensive, Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970.

13.  Army Regulation 600-8-22, 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on general orders the applicant is entitled to award of the
Purple Heart. Therefore, his records should be corrected to show this
award.

2.  Records show that the applicant was awarded the Army Commendation
Medal.  There is insufficient evidence to show that a second award was
made.  Therefore, there is no basis to grant relief in this case.

3.  In the absence of evidence to show award of Bronze Star Medal there is
no basis to grant relief in this case.

4.  Based on general orders the applicant is entitled to the Republic of
Vietnam Campaign Medal.  Therefore, his records should be corrected to show
this unit award.

5.  Based on general orders the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records
should be corrected to show this unit award.

6.  Based on general orders the applicant is entitled to the 2nd award of
the Republic of Vietnam Civil Actions Honor Medal.  Therefore, his records
should be corrected to show this unit award.

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

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 January 1971, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 6 January 1974.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in the interest of justice.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__sk____  __bje___  __rtd___  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
Purple Heart, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the second award of the Republic of Vietnam
Civil Actions Honor Medal, and three bronze service stars to be worn on his
Vietnam Service Medal.

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 award of the Bronze Star Medal and second award of the Army
Commendation Medal to his record.



                                  Stanley Kelley
                            ______________________
                                      CHAIRPERSON


INDEX

|CASE ID                 |AR20040011186                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0020.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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