RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 June 2004
      DOCKET NUMBER:   AR2004100246


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge and
the Bronze Star Medal.

2.  The applicant states that he was authorized award of the Combat
Infantryman Badge on 18 June 1966.  He also requests the issuance of the
Bronze Star Medal under the provisions of Army Regulation 600-45 for
meritorious service.

3.  The applicant provides a copy of special orders for the Combat
Infantryman Badge; a copy of his DD Form 214; and a DA Form 1577
(Authorization for Issuance of Awards), dated 1 May 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 July 1967.  The application submitted in this case is dated 3 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 requested correction of his records to show award of the
Bronze Star Medal.  Army Regulation 600-45 states that the Bronze Star
Medal is to be awarded to individuals who were authorized either the Combat
Infantryman Badge or the Combat Medical Badge for service during World War
II.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Bronze Star
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, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 31 July 1964 for a period of 3 years.  He
successfully completed basic combat training, advanced individual training,
and airborne training.  He served as a radio operator assigned to the 1st
Platoon, Company B, 501st Signal Battalion of the 101st Airborne Division
in Vietnam from 8 July 1965 through 12 June 1966.  On 28 July 1967, the
applicant was released from active duty.
5.  The applicant’s DD Form 214 shows the Parachutist Badge, the National
Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign
Medal as authorized awards.

6.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders
Number 1969, dated 18 June 1966, show the applicant received the Combat
Infantryman Badge.

7.  The applicant's service personnel records show that he participated in
two campaigns during his assignment in Vietnam.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge.

2.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

BOARD VOTE:

MP____  _WP_______  MB___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

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 amending his DD Form 214 to add
the Combat Infantryman Badge and to show that he was awarded the Vietnam
Service Medal with two bronze service stars and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




            __Margaret Patterson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100246                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040617                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |