RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 December 2004
      DOCKET NUMBER:  AR2004105048


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 last name listed on his
separation document (DD Form 214) be corrected; and that the Combat
Infantryman Badge (CIB) and a third Bronze Star Medal (BSM) with Valor
(“V”) Device be added to the list of awards on the DD Form 214.

2.  The applicant states, in effect, that he noticed the misspelling of his
last name when he applied for veterans’ benefits and that he is in
possession of the CIB and third BSM with “V” Device and has orders awarding
them.

3.  The applicant provides a Birth Certificate, two BSM Certificates, CIB
Certificate and General Orders Number awarding him the BSM with “V” Device
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 13 March 1970.  The application submitted in this case is
dated
17 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 15 March 1968.  His Record of Induction (DD Form 47) shows
his last name with an apostrophe (‘) between the first letter O and the
second letter N (O’N) and the Enlisted Qualification Record (DA Form 20)
prepared on him when he entered active duty also lists his last name with
an apostrophe between the first and second letters.

4.  The applicant’s DA Form 20 shows that he was trained in, awarded and
served in military occupational specialty (MOS) 11C (Infantry Indirect Fire
Crewman) and the highest rank he attained while serving on active duty was
sergeant (SGT).
5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 confirms
he served in the Republic of Vietnam (RVN) from 13 August 1968 through 8
August 1969.  During his RVN tour, he was assigned to Company A, 1st
Battalion, 5th Infantry Regiment, 25th Infantry Division.  It also shows he
received "Excellent" conduct and efficiency ratings at each of his active
duty assignments.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification from any of his active duty commanders that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  The applicant’s MPRJ also contains a copy of Special Orders Number (#)
256, dated 12 September 1968, issued by Headquarters, 25th Infantry
Division, RVN.  These orders awarded the applicant the CIB.  There is also
a copy of General Orders (GO) #7567, dated 24 October 1968, issued by
Headquarters, 25th Infantry Division, RVN on file.  These orders awarded
the applicant the BSM with “V” Device, for heroism in connection with
military operations against a hostile force on 16 September 1968.  Finally,
the MPRJ contains a copy of
GO #7908, dated 17 June 1969, which awarded the applicant the BSM, for
meritorious service during the period August 1968 through August 1969.

8.  On 13 March 1970, the applicant was honorably released from active
duty after completing 1 year, 11 months and 29 days of active military
service.
Item 1 (Name) of the DD Form 214 he was issued lists the first two
characters of his last name as ON, as opposed to O’N, as is indicated in
his induction record and the military records prepared on him upon his
entry on active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
lists the following awards:  National Defense Service Medal, Vietnam
Service Medal with 2 bronze service stars and Republic of Vietnam Campaign
Medal with
60 Device.

10.  The applicant provides a birth certificate that shows an apostrophe is
used between the first and second letters of his last name.  He also
provides award certificates for the CIB, BSM with “V” Device and BSM, and a
copy of GO# 7567. GO# 7567, dated 24 October 1968, are the orders that
awarded him the BSM with “V” Device Certificate for his heroism in ground
combat in the RVN on
16 September 1968.  The BSM with “V” Device Certificate, dated 31 October
1968, is the certificate issued for this same award.  The BSM Certificate,
dated 17 June 1969, was issued for the BSM for service between August 1968
and August 1969, awarded in GO #7908.
11.  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 Vietnam Service Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in while serving in the
RVN.

12.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during his tenure of assignment in the RVN, the applicant was
credited with participating in the following four campaigns:  Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
TET Counteroffensive 1969 and Vietnam Summer-Fall 1969.

13.  Chapter 3 of the awards regulation outlines the criteria for award of
the BSM and states, in pertinent part, that it is awarded to members who
distinguished themselves by heroic or meritorious achievement or service in
connection with military operations against an armed enemy.  The regulation
stipulates an
Oak Leaf Cluster is issued to denote award of second and succeeding awards
of the BSM and a “V” Device is awarded to denote an award of the BSM for
heroism (valor).

14.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the GCM, disqualification
must be justified.

15.  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 (Company A, 1st Battalion, 5th
Infantry Regiment, 25th Infantry Division) earned the Presidential Unit
Citation, 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’s last name upon
induction and under which he served contained an apostrophe between the
first and second letters (O’N).  Therefore, the last name entered in Item 1
of his DD Form 214 should be corrected accordingly.

2.  The record also confirms the applicant was awarded the BSM with “V”
Device and the BSM, for meritorious service.  As a result, his record and
separation document should be corrected to reflect he earned the BSM 1st
Oak Leaf Cluster with “V” Device, which confirms two awards of the BSM.

3.  It appears the applicant believes he earned three BSMs based on his
incorrect conclusion that the BSM with “V” Device Certificate of 31 October
1968 and GO #7567, dated 24 October 1968, represent two separate awards of
the BSM.  However, it is clear both these documents were issued for the
same award of the BSM he earned for heroism on 16 September 1968.  Thus,
there is insufficient evidence showing an entitlement to a third BSM.  If
the applicant still believes he was awarded a third BSM and has documentary
evidence to support this claim, he should reapply to the Board and provide
this evidence.

4.  The evidence of record also confirms the applicant was awarded the CIB
on 12 September 1968 and that based on his service and campaign
participation in the RVN, he is entitled to the Presidential Unit Citation,
RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal.  As a result, it
would also be appropriate to add these awards to his record at this time.

5.  The record further confirms that the applicant 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 15 March 1968 through 13 March 1970.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

__MDM _  __JED___  __JBG__  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 1 (Name)
of his 13 March 1970
DD Form 214 by correcting his last name to reflect an apostrophe between
the first and second letters (O’N) vice ON as is currently listed; awarding
him the first award of the Army Good Conduct Medal, for his qualifying
honorable active duty service from 15 March 1968 through 13 March 1970;
showing he was awarded the Bronze Star Medal 1st Oak Leaf Cluster with “V”
Device and Combat Infantryman Badge; showing that based on his service and
campaign participation in the RVN, he is entitled to the Presidential Unit
Citation, 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 providing him a
corrected separation document that includes these changes.

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
a third award of the Bronze Star Medal.




            ____Mark D. Manning___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105048                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/03/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]