RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 DECEMBER 2004
      DOCKET NUMBER:  AR2004105497


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Laverne Berry                 |     |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 record be corrected to show award of
the Bronze Star Medal.

2.  The applicant states that his DD Form 214 (Report of Transfer or
Discharge) does not reflect that award.

3.  The applicant provides a copy of a certificate showing that he was
awarded the Bronze Star Medal.  A copy of that certificate is also
contained in his official military personnel records (OMPF).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 July 1971.  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 was inducted into the Army on 4 November 1969, trained as
a radio teletype operator, and in July 1970 was assigned to the1st
Battalion,      77th Armor, 1st Brigade, 5th Infantry Division, in Vietnam.
 He completed his tour of duty and returned to the United States in July
1971.  He was released from active duty in the grade of E-4 on 12 July
1971.  His DD Form 214 does not show award of the Bronze Star Medal.  His
DA Form 20 (Enlisted Qualification Record) does not reflect that award.


4.  The award certificate, submitted by the applicant in support of his
request, indicates that he was awarded the Bronze Star Medal for
meritorious achievement during the period July 1970 to July 1971.  There
are no orders in the applicant's record which confirms the award.  The
certificate, however, was authenticated by Brigadier General Harold H.
Dunwoody, who was the Commanding General, 1st Brigade, 5th Infantry
Division in July 1971, and reflects the name of Stanley R. Resor who was
the Secretary of the Army between 1965 and 1971.
5.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  The 1st Battalion, 77th Armor was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions during his
assignment to that organization.

6.  The Army 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.

DISCUSSION AND CONCLUSIONS:

1.  The Board notes that there are no orders in the applicant's available
records awarding him the Bronze Star Medal, however, his award certificate
is signed by the Commanding General, 1st Brigade, 5th Infantry Division,
the commanding general of the major command to which the applicant was
assigned, and by the appropriate Secretary of the Army.  The period of
service covered by the award coincides with the applicant's dates of
service in Vietnam.  In the absence of orders, or evidence to the contrary,
the Board accepts the applicant’s award certificate as authentication of
entitlement to the Bronze Star Medal and in the interest of justice
concludes it would be appropriate to add the award to his separation
document.

2.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with two
bronze service stars (one for each campaign).  He is also entitled to award
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___RW__  ___TO __  ___LB __  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 showing award of the Bronze Star
Medal, the Army Good Conduct Medal, the Vietnam Service Medal with two
bronze service stars, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.




                            ____Raymond Wagner_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105497                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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