RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        DECEMBER 21, 2004
      DOCKET NUMBER:  AR2004105438


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 the Bronze Star Medal was omitted
from his DD Form 214.

3.  The applicant provides a copy of the awards certificate awarding him
the Bronze Star Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 October 1968.  The application submitted in this case is
dated 4 March 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 record shows that he was inducted into the
Army of the United States on 27 October 1966.  He completed his basic
combat training and his advanced individual training at Fort Carson,
Colorado.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Company C, 3rd Battalion, 1st Infantry
Regiment, 11th Infantry Brigade, in Hawaii, and was reassigned to Vietnam
as part of a unit permanent change of station.  He arrived in Vietnam with
his unit on 6 December 1967.  The applicant served in Vietnam until 13
October 1968 when he was returned to the United States for release from
active duty.

5.  The applicant was released from active duty on 16 October 1969, under
the provisions of Army Regulation (AR) 635-200, Early Separation of
Overseas Returnee, in the rank and pay grade of Sergeant, E-5, with 1 year,
11 months, and 20 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the Purple Heart, the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Combat
Infantryman Badge, the Expert Marksmanship Qualification Badge, with Rifle
Bar (M-14 Rifle), Expert Marksmanship Qualification Badge, with Automatic
Rifle Bar (M-16 Rifle), and the Expert Marksmanship Qualification Badge,
with Pistol Bar (.45 Caliber Pistol).  The Bronze Star Medal is not shown
among his awards.

7.  The applicant provided a copy of an awards certificate in support of
his application to show he was awarded the Bronze Star Medal.  The awards
certificate was signed by Major General Charles M. Gettys, the Americal
Division Commander, at the time the award was made.

8.  There are no orders in the applicant's service personnel records to
show that he was awarded the Bronze Star Medal.  A search of the general
orders database maintained by the Awards Branch, Human Resources Command,
was made for orders awarding the applicant the Bronze Star Medal; however,
no orders were found.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Bronze Star Medal.

10.  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 campaign participation.

11.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase III, which extended from 1
June 1967 through 29 January 1968; the Tet Counteroffensive, which extended
from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase
IV, which extended from 2 April through 30 June 1968; and the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968.

12.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline
while he served on active duty.  There is no record that he was subjected
to court-martial while he served on active duty.  There is no entry in Item
42 (Remarks), of the applicant's DA Form 20, to indicate that he was
disqualified from award of the Good Conduct Medal.
13.  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.

14.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

15.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to,
Company D, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, a
subordinate unit of the U.S. Army Vietnam, was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July
1965 through 28 March 1973, by Department of the Army General Orders Number
8, dated 1974.

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 30 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 lack of appropriate award orders, the evidence of record
shows that the applicant received the Bronze Star Medal, on 19 November
1968.  He is therefore eligible to have the Bronze Star Medal added to his
DD Form 214.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 27
October 1966 through 16 October 1968.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

4.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, at the time the unit was
cited for the award.  He is therefore entitled to this unit award and to
have it added to his separation document.

BOARD VOTE:

fe______  ses  _____  pms____  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 by:

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

      b.   awarding the applicant the Good Conduct Medal for the period
27 October 1966 through 16 October 1968 and adding this award to his
separation document;

      c.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his participation in
four campaigns while he served in Vietnam, and to be shown on his DD Form
214 as the Vietnam Service Medal, with four bronze service stars; and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.




                            ___      _Fred Eichorn___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105438                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|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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