RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              OCTOBER 19, 2004
      DOCKET NUMBER:      AR2004102661


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Benard P. Ingold              |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 his separation document be
corrected to show the four Bronze Star Medals, the Combat Infantryman
Badge, and the Army Commendation Medal, that he earned.  The applicant also
states that he completed the requirements for award of his high school
General Educational Development (GED) Certificate and he didn't receive it.

2.  The applicant states, in effect, that he earned the awards and
decorations but his DD Form 214, Report of Separation from Active Duty,
fails to show them.  He adds that he proudly served his country for 10
years, including 3 years in Vietnam.

3.  The applicant provides a copy of his DD Form 214, with an effective
date of 14 February 1974; a copy of a DD Form 669, General Educational
Development Individual Record; a copy of a recommendation for award of the
Army Commendation Medal, with letter of transmittal and proposed citation,
dated 17 July 1969; and a copy of four general orders which award him the
Bronze Star Medal, with appropriate oak leaf clusters, as applicable, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors, which
occurred on 14 February 1974.  The application submitted in this case is
dated 9 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 applicant’s military record shows that he was inducted into the
Army of the United States on 13 February 1964.  The applicant was
discharged on 1 March 1965 for the purpose of immediately enlisting in the
Regular Army, at Fort Hood, Texas.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), shows the applicant received the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, and the
Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].

5.  The applicant enlisted in the Regular Army on 2 March 1965, for 3
years, at Fort Hood.  He was discharged, on 2 August 1966, at Wurzburg,
Germany, for the purpose of immediately reenlisting in the Regular Army.
The applicant reenlisted for 4 years, in the Regular Army, on 3 August
1966.

6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, Armed Forces
of the United States Report of Transfer or Discharge, shows the applicant
received the Expert Marksmanship Qualification Badge, with Rifle Bar, and
the National Defense Service Medal.

7.  The applicant was discharged on 14 May 1970 for the purpose of
immediately reenlisting in the Regular Army.  The applicant reenlisted in
the Regular Army, for 4 years, on 15 May 1970, in Can Tho, South Vietnam.

8.  Item 26, of his DD Form 214, shows that the applicant received: the
Purple Heart; the Vietnam Service Medal; the Republic of Vietnam Campaign
Medal; the National Defense Service Medal; the Good Conduct Medal; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two
overseas service bars.

9.  Item 22 (Military Occupational Specialties), of the applicant's DA Form
20, Enlisted Qualification Record, shows that on 23 October 1968, the
applicant was reclassified.  He was awarded the primary military
occupational specialty (MOS) 11B, Light Weapons Infantryman, and the MOS
94B, Cook, became his secondary MOS.

10.  The applicant was honorably discharged on 14 February 1974, at Fort
Dix, New Jersey, under the provisions of AR 635-200, Paragraph 5-3, and was
given a Separation Program Designator (SPD), 432 (Early Release Enlistment
Inactive Army, National Guard, or US Army Reserve Units), in the rank and
pay grade of Staff Sergeant, E-6, with a total of 10 years and 2 days
active military service.

11. Item 26, of his DD Form 214, Report of Separation from Active Duty,
shows that the applicant received: the Bronze Star Medal; the Purple Heart;
the National
Defense Service Medal; the Good Conduct Medal, with one bronze loop; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of
Vietnam Staff Service Medal, Second Class; the Expert Marksmanship
Qualification Badge, with Automatic Rifle [M-16 Rifle] and Rifle [M-14
Rifle] Bars; and six overseas service bars.  The Bronze Star Medal is
shown; however, it does not show the oak leaf clusters and the "V" device,
to which the applicant is entitled.  The Combat Infantryman Badge and the
Army Commendation Medal are also not shown among his authorized
decorations.

12.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force, for
the period January 1970 to September 1970, by General Orders 6482, United
States Military Command, Vietnam, dated 5 November 1970.

13.  The applicant was awarded the Bronze Star Medal, first oak leaf
cluster, for meritorious service in connection with military operations
against a hostile force, for the period November 1970 to October 1971, by
General Orders 4364, United States Military Command, Vietnam, dated 8
October 1971.

14.  The applicant was awarded the Bronze Star Medal, second oak leaf
cluster, with "V" Device, for heroism in connection with military
operations against a hostile force on 23 September 1971, by General Orders
4753, United States Military Command, Vietnam, dated 10 November 1971.

15.  The applicant was awarded the Bronze Star Medal, third oak leaf
cluster, with "V" Device, for heroism in connection with military
operations against a hostile force on 29 October 1971, by General Orders
1051, United States Military Command, Vietnam, dated 17 April 1971.

16.  The applicant’s request for award of the Army Commendation Medal is
outside the time limitations established in paragraph 1-14, AR 600-8-22.
Each recommendation for an award of a military decoration must be entered
administratively into military channels within 2 years of the act,
achievement, or service to be honored.  However, the applicant’s request
for this award can be considered under the provisions of Title 10, United
States Code, Section 1130, which governs consideration of awards not
submitted within time limits established by law.  The applicant must
exhaust this remedy before the ABCMR will consider this portion of his
request and he has been so notified by separate correspondence.  Therefore,
addition of the Army Commendation Medal to the applicant's DD Form 214 will
not be discussed further in this Record of Proceedings.
17.  During his active duty service, the applicant served two tours of duty
in the Republic of Vietnam.

18.  The applicant's first tour of duty in Vietnam extended from 16 August
1967 through 14 August 1968.

19.  The applicant was assigned to Headquarters and Headquarters Company,
1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, during his
first tour of duty in Vietnam.

20.  During this overseas assignment, the applicant participated in the
following four campaigns:  the Vietnam Counteroffensive, Phase III, which
extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30
June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968.

21.  During his second tour of duty in Vietnam, the applicant was assigned
to the United States Military Assistance Command, Vietnam, Delta Military
Advisory Command, Advisory Team 65, IV Corps Tactical Zone.

22.  The applicant's second tour of duty in Vietnam extended from 15
September 1969 through 20 November 1971.

23.  During this overseas assignment, the applicant participated in the
following five campaigns:  the Vietnam Summer-Fall 1969, which extended
from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970; the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971; and the Consolidation I, which extended from 1 July
through 30 November 1971.

24.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which the applicant
is entitled for campaign participation.

25.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and
states that authorized bronze service stars will be worn on the appropriate
service medal, in this case, the Vietnam Service Medal.  The regulation
further provides that one silver service star will be worn in lieu of five
bronze service stars.

26.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to
during his first tour of duty in Vietnam:  Headquarters and Headquarters
Company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 12 July 1965 through 16 October 1968 by Department of the
Army General Orders (DAGO) Number 21, dated 1969 and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period October 1965 through 7 April 1970, by DAGO 53, dated 1970, while he
was a member of the unit.

27.  DA Pamphlet 672-3, also shows that the unit the applicant was assigned
to during his second tour of duty in Vietnam:  the United States Military
Assistance Command, Vietnam, Delta Military Advisory Command, Advisory Team
65, IV Corps Tactical Zone, was awarded the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 1 January
1968 through 2 January 1970, by DAGO 51, dated 1971, while he was a member
of the unit.

28.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
persons who have an infantry MOS.  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

29.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

30.  The copy of the General Educational Development Individual Record that
the applicant provided shows, in Item 7 (Educational Level) that he
completed his high school GED.

31.  The applicant's DD Form 214, with an effective date of 1 March 1965
shows, in Item 10a. (Highest Civilian Education Level), the applicant's
educational level to be 10 years.  The applicant's DD Form 214, with an
effective date of 2 August 1966, shows in Item 10a. the applicant's
educational level as, HS-GED (High School GED).

32.  Item 32 (Civilian Education), of the applicant's DA Form 20 shows the
entry //HS-GED/HS-GED// * / 1966//.

33.  The applicant has remained silent on the issue of receipt of a
certificate to document his educational achievement, including 8 years
while he was still on active duty and had ample opportunity to raise the
issue.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214, with an effective date 14 February 1974,
shows that he was awarded the Bronze Star Medal.  This entry is incorrect.
The applicant was awarded a total of four Bronze Star Medals, two of which
were awarded for heroism.  The entry should correctly appear as the Bronze
Star Medal, with Three Oak Leaf Clusters, with "V" Device.

2.  The Vietnam Service Medal appears on the applicant's DD Form 214
however; it does not show the service stars to which he is entitled for his
campaign participation.  The applicant participated in nine campaigns
during his two tours of duty in Vietnam.  He is therefore entitled to award
of one silver service star and four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal and to have them shown on his
separation document.

3.  The applicant served in active ground combat while assigned as an
advisor to the Army of Vietnam.  The applicant was awarded the Purple Heart
and two Bronze Star Medals, with "V" Device, for valor.  He is therefore
entitled to be awarded the Combat Infantryman Badge and to have it shown on
his DD Form 214.

4.  The applicant served in units that were awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, and two Republic of Vietnam
Civil
Actions Honor Medal, First Class, Unit Citations.  The Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, is already shown on the
applicant's DD Form 214.  The applicant is entitled to have the two
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citations
added to his DD Form 214.

5.  The applicant completed all HS-GED educational requirements in 1966.
The Army recognized this achievement and authorized this milestone to be
recorded on the applicant's DA Form 20 and on his DD Form 214, with an
effective date of 2 August 1966 and on his DD Form 214, with an effective
date of 14 February 1974.  At this late date, it cannot be determined if
the applicant received a certificate or not.  His silence with regards to
this matter over the past 38 years, including 8 years while he was still on
active duty, and the educational achievement being shown on both his DA
Form 20 and on his DD Forms 214 seems to indicate that he did.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

jch_____  bpi   _____  ym_____  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:

      a.  correcting the applicant's DD Form 214, with an effective date of
14 November 1974, to show that the applicant earned the Bronze Star Medal,
with three oak leaf clusters, and "V" Device, for heroism while he served
in Vietnam;

      b.  awarding the applicant the Combat Infantryman Badge and adding
this award to his DD Form 214, with an effective date of 14 November 1974;

      c.  awarding the applicant one silver and four bronze service stars
to be affixed to his already-awarded Vietnam Service Medal, to denote his
participation in nine campaigns, while he served in the Republic of
Vietnam; and

      d.  awarding the applicant two Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citations and adding these unit awards to
his DD Form 214, with an effective date of 14 November 1974.

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
award of a high school GED certificate to the applicant since all
indications are that he received appropriate recognition for this
educational achievement.




            ____James C. Hise____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102661                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.  60                  |107.0014                                |
|4.  23                  |103.0000                                |
|5.                      |                                        |
|6.                      |                                        |



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