RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 December 2004
      DOCKET NUMBER:  AR2004104668


      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:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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 should be corrected
to add
3 or 4 bronze service stars with his Vietnam Service Medal, Republic of
Vietnam Campaign Medal, “VSG w/Palm” and “ACM”.

2.  The applicant states, in effect, that the awards he is requesting were
left off his separation document (DD Form 214) at the time he left the
Army.

3.  The applicant provides a copy of his separation document and four pages
of military records in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 20 September 1967.  The application submitted in this case
is dated 23 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 21 September 1965.  He was trained in and awarded military
occupational specialty (MOS) 11D (Infantry Indirect Fire Crewman) and the
highest rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 9 May 1966 through 5 May
1967 and was assigned to Headquarters and Headquarters Company (HHC),
1st Battalion, 18th Infantry Regiment.
5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his tenure on active duty, he earned the National Defense
Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Vietnam
Campaign Medal and 2 Overseas Bars.

6.  The applicant’ Military Personnel Records Jacket (MPRJ) contains a copy
of General Orders (GO) Number (#) 4150, dated 6 June 1967, issued by
Headquarters, 1st Infantry Division, RVN.  These orders awarded the
applicant the Bronze Star Medal, for meritorious service in the RVN for the
period May 1966 to May 1967.

7.  On 20 September 1967, the applicant was honorably separated at the
expiration of his term of service after completing 2 years of active
military service. Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he
was issued at the time shows he earned the following awards during his
active duty tenure:  National Defense Service Medal, Vietnam Campaign
Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Good Conduct
Medal and 2 Overseas Bars.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the Vietnam Service Medal.  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.

9.  Table B-1 of the awards regulation contains a list of authorized
campaigns.  It shows that during the applicant’s tenure of assignment in
the RVN, credit was given for the Vietnam Counteroffensive 1965-1966,
Vietnam Counteroffensive Phase II and TET Counteroffensive 1968 campaigns.


10.  Paragraph 9-19 of the awards regulation contains guidance on award of
the Republic of Vietnam Campaign Medal.  It states, in pertinent part, that
this award is issued with the Device (1960).
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 (18th Infantry Regiment)
received the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze
Star Medal for his service in the RVN between May 1966 and May 1967, as
evidenced by GO # 4150, which is on file in his MPRJ.  Therefore, it would
be appropriate to add this award to his record at this time.

2.  The applicant’s record further confirms that based on his service and
campaign participation in the RVN, he is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and 3 bronze service stars
with his Vietnam Service Medal.

3.  The record further shows that the Vietnam Service Medal and Vietnam
Campaign Medal are not properly listed with the appropriate accouterments
on his DD Form 214.  Therefore, it would be appropriate to correct his
record and separation document to show he earned the Vietnam Service Medal
with
3 bronze service stars and the Republic of Vietnam Campaign Medal with 1960
Device.

4.  It is unclear what awards the applicant was requesting when he asked
that the “VSG w/Palm” and “ACM” be added to his record.  There are no Army
awards identified by these abbreviations.  However, all awards earned by
the applicant and to which he is entitled based on his RVN service are
being added to his record at this time.  If after this correction is
accomplished, the applicant still believes he is entitled to additional
awards, he may reapply to the Board.  If this option is elected, the
applicant should clearly identify the awards to which he believes he is
still entitled and provide any documentation that supports his claim.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___DJA_  __JLP___  ___LE___  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 amending Item 24 of his
20 September 1967
DD Form 214 by deleting the current list of awards and replacing it with
the following:  National Defense Service Medal, Bronze Star Medal, Combat
Infantryman Badge, Army Good Conduct Medal, Republic of Vietnam Campaign
Medal with 1960 Device, Vietnam Service Medal with 3 bronze service stars,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation and 2 Overseas
Bars; and by providing him a corrected separation document that includes
these awards.

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
adding the “VSG w/Palm” and “ACM” to his record.




            ____Jennifer L. Prater____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104668                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/09/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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