RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 October 2004
      DOCKET NUMBER:  AR2004102561


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 Item 24 on his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) be
corrected to show award of the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states no contentions.

3.  The applicant provides in support of his request:

      a.  A copy of his DD Form 214.


      b.  A letter, dated 25 January 1968, forwarding the BSM with "V"
Device to the applicant.


      c.  General Orders Number 1511, from Headquarters 4th Infantry
      Division,
San Francisco, dated 22 June 1967, showing award of the BSM with "V"
Device.


      d.  A certificate showing award of the BSM with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
29 November 1967.  The application submitted in this case is dated 7
January 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 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 evidence available shows the applicant was inducted into the Army
of the United States on 30 November 1965.  He served in military
occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in
Vietnam from 23 July 1966 to 24 June 1967 with Company C, 2nd Battalion,
8th Infantry, 4th Infantry Division.  He served during two campaigns –
Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.
4.  On 29 November 1967, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  His DD Form 214
shows he was awarded the National Defense Service Medal, Vietnam Service
Medal (VSM), the Vietnam Campaign Medal, Combat Infantryman Badge, and the
Expert Marksmanship Qualification Badge (M-14 Rifle).  It does not show
that he was awarded the BSM.

5.  General Orders Number 1511, shows the applicant was awarded the BSM
with "V" Device for heroism in connection with military operations against
hostile forces in Vietnam on 17 April 1967.

6.  The BSM Certificate provided by the applicant shows he was awarded the
BSM for heroism in ground combat in the Republic of Vietnam on the same
date. The certificate is signed on the left by Major General W.R. Peers,
USA, Commanding.  The certificate is dated 24 June 1967.  General Peers
commanded the 4th Infantry Division from January 1967 to January 1968.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  This regulation provides, in pertinent
part, that:

      a.  The BSM is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendation, approval through the chain of command, and announcement in
orders is required.  Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.  The
bronze “V” device indicates acts of heroism involving conflict with an
armed enemy and authorizes the bronze “V” device in conjunction with award
of the BSM.

      b.  The Good Conduct Medal (GCMDL) is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.

      c.  A bronze service star is authorized 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.  The
applicant is authorized award of two bronze service stars for wear on his
VSM.

8.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
There are special provisions regarding authorization for the Overseas
Service Bar for service in a hostile fire zone and for combining service to
calculate award of the bars.  For Vietnam service, one overseas service bar
is authorized for each period of 6 months active Federal service as a
member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.
Both the month of arrival and the month of departure from Vietnam are
counted as a whole months for credit toward the overseas service bar.  The
applicant is authorized award of two Overseas Service Bars.

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
Unit Citation with Palm for the period October 1966 to 28 July 1969 by
Department of the Army General Orders (DAGO) Number 3, dated 1970.  It also
shows that the unit was awarded the Republic of Vietnam Civil Actions Honor
Medal, First Class for the period 1 October 1966 to 31 October 1969 by DAGO
Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided proof that he was awarded the BSM with "V"
Device.  General Orders Number 1511 and the Certificate for award of the
BSM with "V" Device are accepted as genuine.  These documents establish a
basis to correct his DD Form 214 to show award of the BSM with "V" Device.

2.  The applicant has no recorded lost time, there is no record of
misconduct documented in his personnel file, and there is no evidence that
he was denied the GCMDL; therefore, he is entitled to have that award added
to his DD Form 214.

3.  The available evidence also supports correcting the applicant's DD Form
214 to show award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, Republic of Vietnam Civil Actions Honor Medal, First Class, two
Overseas Service Bars, and two bronze service stars to be worn on his VSM.

BOARD VOTE:

___fe___  __rtd___  __lds___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 BSM with "V"
Device, the GCMDL, the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class,
two Overseas Service Bars and two bronze service stars for wear on the VSM.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102561                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0079                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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