RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 August 2004
      DOCKET NUMBER:  AR2004100244


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. John P. Infante               |     |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, that he be awarded the Bronze Star
Medal (BSM) and that his report of separation (DD Form 214) be corrected
accordingly.

2.  The applicant states, in effect, that he is entitled to be awarded the
BSM because he was awarded the Combat Infantryman Badge (CIB) and to have
it added to his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 April 1970.  The application submitted in this case was
received on 12 November 2003.

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 in Newark, New Jersey, on 14 March 1967 for a
period of 3 years.  He completed his basic combat training at Fort Jackson,
South Carolina, and his advanced individual training (AIT) at Fort Gordon,
Georgia.  Upon completion of his AIT he was transferred to Vietnam on 1
September 1967 and was assigned to Company A, 2nd Battalion, 8th Infantry
Regiment for duty as an infantry indirect fire crewman.

4.  He was awarded the CIB on 20 February 1968 and was promoted to the rank
of sergeant on 22 June 1968.  He departed Vietnam on 31 August 1968 and was
transferred to Fort Knox, Kentucky.  He remained at Fort Knox until he
received a compassionate reassignment to Fort Dix, New Jersey, on 2 May
1969.

5.  On 14 April 1970, he was honorably REFRAD in the rank of private first
class due to the expiration of his term of service (ETS).  He had served 3
years, 1 month and 1 day of total active service.  His DD Form 214 shows
that he was awarded the CIB, the Army Commendation Medal (ARCOM), the
National Defense Service Medal and the Vietnam Service Medal (VSM).  His
records also show that he was awarded the Republic of Vietnam Campaign
Medal (RVNCM) and that he participated in four campaigns.  However, the
RVNCM and the applicant's four bronze service stars for wear on his VSM are
not reflected on his DD Form 214.

6.  A review of the applicant's records failed to reveal that he had ever
been recommended for or awarded the BSM.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal (BSM) is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge (CIB) or the Combat Medical Badge is
considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant's unit was
awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm)
Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First
Class (RVNCAHM-FC) Unit Citation for service in Vietnam during the
applicant was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was awarded the CIB, he is not entitled to be
awarded the BSM based on being awarded the CIB because he served in Vietnam
between 1967 and 1968.  The provision that provided for award of the BSM
based on an award of the CIB was applicable only during World War II, for
the period of 7 December 1941 to 2 September 1945.  Accordingly, there is
no basis to award him the BSM.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 April 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 April 1973.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__amc___  __jea___  __jpi___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.






3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded the RVNCM, and four bronze service
stars for wear on his already awarded VSM and by awarding him the RVNGC
w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.

                                  Ann M. Campbell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100244                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040812                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]