RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              NOVEMBER 9, 2004
      DOCKET NUMBER:      AR2004103750


      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. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard g. Hassell            |     |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 the Bronze Star Medal be added
to his DD Form 214, Armed Forces of the United States, Report of Transfer
or Discharge.

2.  The applicant states, in effect, that he was awarded the Bronze Star
Medal but it is not shown on his DD Form 214.  He adds that he was also
awarded the Army Commendation Medal but that it is shown on his separation
document.

3.  The applicant submitted a copy of his DD Form 214; a copy of the awards
certificates for the Bronze Star Medal and the Army Commendation Medal in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 2 August 1971.  The application submitted in this case is dated
4 February 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 records show that he enlisted in the US Army
Reserve, Delayed Entry Program (DEP), on 12 July 1968.  The applicant
enlisted in the Regular Army on 26 August 1968.  He completed his basic
combat training at Fort Bragg, North Carolina, and his advanced individual
training at Fort Lee, Virginia.  Upon completion of all required military
training, he was awarded military occupational specialty (MOS) 76P, Stock
Control and Accounting Specialist.

4.  The applicant was assigned to Fort Riley, Kansas, as a first duty
station and on 8 January 1969, he was sent to Vietnam.  On his arrival
there, on 29 September 1969, he was assigned to Headquarters and
Headquarters Company, 3rd Battalion, 506th Infantry, 101st Airborne
Division (Airmobile).  He remained assigned to this unit until he completed
his overseas tour of duty on 28 September 1970.

5.  The applicant was honorably released from active duty, on 2 August
1971, in the rank and pay grade, Private First Class, E-3, under the
provisions of Army Regulation (AR) 635-200, at the expiration of his term
of service.  On his release from active duty, the applicant had 2 years, 11
months, and 7 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following:  the National Defense Service Medal;
the Vietnam Service Medal; Republic of Vietnam Campaign Medal, with Device
60; and the Army Commendation Medal.  The Bronze Star Medal is not shown.

7.  The applicant submitted a copy of a certificate which names him as the
recipient of the Bronze Star Medal, for meritorious achievement in ground
operations against hostile forces, in the Republic of Vietnam, during the
period 1 October 1969 to 31 July 1970.  The certificate bears the name of
the (then) Commander, 101st Airborne Division, Major General John J.
Hennessey.

8.  A search of a General Orders Data Base maintained by the Human
Resources Command, Awards Branch, failed to turn up a copy of the orders.

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

10.  While in Vietnam, the applicant participated in the following four
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; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

11.  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.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant
served with in Vietnam, Headquarters and Headquarters Company, 3rd
Battalion, 506th Infantry, 101st Airborne Division, was awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the period 18 March 1968 through May 1970, by Department of the Army
General Orders (DAGO) Number 48, 1971.

13.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is also entitled to award of the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 20 July 1965 through
28 March 1973, awarded by DAGO 8, dated 1974.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar (M-14 Rifle), by Special Orders Number 18, paragraph
6, published by Headquarters, United States Army Advanced Weapons Support
Command (AWSCOM), on 18 January 1971.

15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar (M-16 Rifle), by Special Orders Number 127,
paragraph 14, published by Headquarters, AWSCOM, on 7 May 1971.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

DISCUSSION AND CONCLUSIONS:

1.  Despite the fact that no orders were found in the applicant's service
personnel records and in the Human Resources Command's General Orders Data
Base, the evidence shows that the applicant was awarded the Bronze Star
Medal.  He is therefore entitled to have the Bronze Star Medal added to his
DD Form 214.

2.  The applicant participated in four campaigns during his service in
Vietnam.  He is therefore eligible for award of four bronze service stars
to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant served with a unit at the time it was cited for award of
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.
The applicant's DD Form 214 does not show these unit awards.  It would be
appropriate to add these unit awards to his DD Form 214.

4.  The applicant qualified sharpshooter with the M-14 Rifle and the M-16
Automatic Rifle.  The corresponding qualification badges are not shown on
his DD Form 214.  It would be appropriate to add these qualification badges
to his separation document at this time.

BOARD VOTE:

mdm____  lgh _____  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:

      a.  adding the already-awarded Bronze Star Medal to the applicant's
DD Form 214;

      b.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal and adding these to his DD Form
214 to denote his campaign participation credit;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and adding these unit awards to the
applicant's separation document; and
      d.  adding the already awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle and Automatic Rifle Bars to his DD Form
214.





            ____Mark D. Manning____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103750                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  60                  |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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