RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         NOVEMBER 30, 2004
      DOCKET NUMBER:   AR2004104256


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Patrick H. McGann Jr,         |     |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 that his records be corrected to show that he
was awarded the Bronze Star Medal (BSM).

2.  The applicant states that he was awarded that BSM at the same time that
he was awarded the Purple Heart, which was on 23 February 68, for the
action that is cited in the Army Reporter dated 20 July 1968.  He further
states that he is only asking for what he was already awarded while he was
in combat.

3.  The applicant provides in support of his application a copy of his
Report of Transfer or Discharge (DD Form 214); two copies of a newspaper
article in The Army Reporter naming the applicant as an assistant gunner; a
copy of orders dated 23 February 1968, awarding him the Purple Heart; and a
picture of a box top that he contends is the top of the box that contained
his original BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 26 August 1969.  The application submitted in
this case is dated 10 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 requested correction of his records, in part, to show
award of the Bronze Star Medal.  There are no orders or other evidence
authorizing award of this decoration to the applicant.  In the absence of a
proper 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, it will not be discussed further in this
Record of Proceedings.

4.  On 29 September 1966, he enlisted in the Army in Oakland, California,
for 3 years in the pay grade of E-1.  He successfully completed his
training as a field artillery crew chief.  He was transferred to Vietnam on
13 December 1967.
5.  While in Vietnam, the applicant participated in the following four
campaigns:  Vietnam Counteroffensive, Phase III, which extended from 1 June
1967 through 29 January 1968; Tet Counteroffensive, which extended from 30
January through 1 April 1968; Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; and Vietnam Counteroffensive,
Phase V, which extended from 1 July through 1 November 1968.

6.  He returned to the Continental United States on 18 August 1969.  He was
honorably released from active duty on 26 August 1969 and he was
transferred to the United States Army Reserve Control Group (Reinforcement)
to complete his Reserve obligation.  He had completed 2 years, 10 months
and 28 days of total active service.

7.  The DD Form 214 that he was furnished at the time of his discharge
shows that he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the
Meritorious Unit Citation, and the Republic of Vietnam Gallantry Cross
w/Palm Unit Citation.

8.  On 4 July 2003, officials at the National Personnel Record Center
(NPRC) informed the applicant that he was also entitled to the Good Conduct
Medal; the Expert Badge w/Automatic Rifle Bar; and the Marksmanship Badge
w/ Rifle Bar.  He was also informed that he was entitled to the inclusion
of the Device (1960) on his Vietnam Campaign and four bronze service stars
on his Vietnam Service Medal.  Although he was furnished the awards and
decorations, they were never included on his DD Form 214.

9.  A review of his Enlisted Qualification Record (DA Form 20) confirms
that the applicant was entitled to the awards as indicated in the NPRC
letter to the applicant dated 4 July 2003.  Further review of the
applicant’s DA Form 20 shows that he earned and was furnished three
Overseas Service Bars for his participation in Vietnam, which were omitted
from his DD Form 214.

10.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect all decorations, medals, badges, commendation,
citations and campaign ribbons awarded to an individual while on active
duty.





DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, he is entitled to correction of his
records to show the awards, which were omitted through administrative error
at the time that he was separated from active duty.

2.  The evidence of record shows the applicant participated in four
campaigns while serving in Vietnam.  He was furnished four bronze service
stars for wear on his Vietnam Service Medal, and three Overseas Service
Bars to reflect his service in Vietnam.  These awards should be included on
his DD Form 214.

3.  The evidence of record also shows the applicant was awarded the Expert
Qualification Badge w/Automatic Rifle Bar and the Marksman Qualification
Badge w/Rifle Bar.  He is therefore entitled to have these awards placed on
his DD Form 214.

4.  Additionally, he was awarded the Good Conduct Medal and he was
furnished the Device (1960) for inclusion on his Vietnam Campaign Medal.
These awards and decorations should also be included on his DD Form 214 and
it would be appropriate to amends his records accordingly.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

js  ____ _  slp  _____  pm______  GRANT FULL 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 to show that he was awarded the Good
Conduct Medal; the Vietnam Service Medal w/four bronze service stars; the
Vietnam Campaign Medal w/Device (1960); the Expert Qualification Badge
w/Automatic Rifle Bar; the Marksman Qualification Badge w/Rifle Bar; and
three Overseas Service Bars.





                            _____John Slone____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104256                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000.0000/DECORATIONS & AWARDS      |
|2.  60                  |107.0014.0000/BSM                       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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