RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004103860


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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 record and separation
document (DD Form 214) reflect all medals and awards to which he is
entitled.

2.  The applicant states, in effect, the list of awards in his record
should include the Bronze Star Medal (BSM) with Valor (“V”) Device, BSM 1st
Oak Leaf Cluster, Presidential Unit Citation (PUC), and Army Commendation
Medal (ARCOM).

3.  The applicant provides the following documents in support of his
application:  20 May 1969 DD Form 214, General Orders (GO) Number 10929,
BSM Citation, PUC Authorization Document and ARCOM Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 20 May 1069.  The application submitted in this case is
dated
3 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 record shows he was inducted into the Army and entered
active duty on 16 October 1967.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman) and the highest rank he
attained while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 2 May 1968 through 17 May
1969.  During his RVN tour, he was assigned to Company E, 3rd Battalion,
187th Infantry Regiment.  Item 38 (Record of Assignments) shows he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information or unit commander disqualification that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).
6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal (NDSM), Parachutist Badge, Vietnam Service Medal
(VSM), Combat Infantryman Badge, Marksman Qualification Badge with Rifle
Bar and Expert Qualification Badge with Machine Gun Bar.

7.  On 20 May 1969, the applicant was honorably separated after completing
1 year, 7 months and 6 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his separation document lists the following
awards he earned during his active duty tenure:  NDSM, VSM, RVN Campaign
Medal, CIB and Parachutist Badge.

8.  The applicant provides a copy of GO Number 10929, dated 17 December
1968, issued by Headquarters, 101st Airborne Division.  These orders
awarded the applicant the BSM with “V” Device, for heroism in ground combat
action against a hostile force in the RVN from 16 through 17 September
1968.

9.  The applicant also provides a copy of a BSM Citation published by the
101st Airborne Division.  This document shows he was awarded the BSM, for
outstanding meritorious service in connection with ground operations
against a hostile force in the RVN during the period 1 July 1968 through 28
February 1969. He also provides a copy of an ARCOM Certificate, dated 18
January 1969, which is signed by the commanding general of the 101st
Airborne Division.  It shows the applicant was awarded the ARCOM, for
exceptionally meritorious achievement in the RVN for the period 1 July
through 30 November 1968.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the VSM and it states, in pertinent part, that a
bronze service star is authorized with this award for each campaign a
member is credited with participating in while serving in the RVN.  Table B-
1 contains a list of campaigns and it shows that during the applicant’s
tenure of assignment in the RVN, he
was credited with participating in the following four campaigns:  Vietnam
Counteroffensive Phase IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI and TET 69 Counteroffensive.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (3rd Battalion, 187th Infantry
Regiment) earned the PUC, Valorous Unit Award (VUA), Meritorious Unit
Commendation, RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in the 101st
Airborne Division in the RVN from 2 May 1968 through 17 May 1969.  The
documents provided by the applicant confirm that while he was assigned to
this division, he was awarded the BSM with “V” Device, for heroism in
ground combat action against a hostile force in the RVN from 16 through 17
September 1968.  They also show that he was awarded the BSM 1st Oak Leaf
Cluster, for outstanding meritorious service in connection with ground
operations against a hostile force in the RVN during the period 1 July 1968
through 28 February 1969 and the ARCOM, for exceptionally meritorious
achievement in the RVN for the period
1 July through 30 November 1968.  Therefore, it would be appropriate to add
these awards to his record at this time.

2.  The evidence of record also confirms that based on his RVN service and
campaign participation, the applicant is entitled to the PUC, VUA, MUC, RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and 4 bronze service stars with his VSM.

3.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 16 October 1967 through 20 May 1968.


BOARD VOTE:

__MHM__  ___ECP_   __RR___  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.  awarding him the Bronze Star Medal 1st Oak Leaf Cluster, Army
Commendation Medal and Army Good Conduct Medal;


      b. amending Item 24 of his 20 May 1969 DD Form 214 by adding the
Bronze Star Medal with “V” Device, Bronze Star Medal 1st Oak Leaf Cluster,
Army Commendation Medal, Army Good Conduct Medal, Presidential Unit
Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and 4 bronze service stars
with his Vietnam Service Medal; and


      c.  providing him a corrected separation document that includes these
awards.




            ____Melvin H. Meyer __________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103860                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/05/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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