RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 December 2004
      DOCKET NUMBER:  AR2004105721


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Laverne V. 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 DD Form 214 Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Bronze Star Medal.

2.  The applicant states that he was "put in for the Bronze Star."

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 December 1969.  The application submitted in this case
is dated 17 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 requested correction of his records 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.  The applicant was inducted into the Army of the United States on 24
January 1968.  He was trained as an infantryman and sent to Vietnam where
he served from 24 June 1968 to 20 December 1969.  He was honorably
separated on 24 December 1969.

5.  The applicant's DD Form 214 shows the following awards and decorations:
 Air Medal, Army Commendation Medal, National Defense Service Medal,
Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman
Badge.
6.  The applicant's DD Form 214 shows no lost time.  His records contain no
derogatory information and his conduct and efficiency ratings were
"excellent."  Orders for the applicant's Army Commendation Medal show that
it was awarded with the bronze "V" device for valor.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The Good Conduct Medal (GCMDL) 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.

      b.  For award of a bronze service star, based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  A single silver service star denotes five campaigns.  The applicant
served in six campaigns (Counteroffensive Phase IV, 2 April-30 June 1968;
Counteroffensive Phase V, 1 July-1 November 1968; Counteroffensive Phase
VI, 2 November 1968-22 February 1969; Tet 69 Counteroffensive, 23 February-
8 June 1969; Summer-Fall 1969, 9 June-31 October 1969; Winter-Spring 1970,
1 November 1969-30 April 1970) and is entitled to one silver service star
and one bronze service star for wear on his Vietnam Service Medal.

      c.  The bronze “V” device indicates acts of heroism involving
conflict with an armed enemy and authorizes the bronze “V” device in
conjunction with awards of the Army Commendation Medal, the Air Medal and
the Bronze Star Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the units to which the applicant
was assigned were cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 9 August 1965 to19 May 1969, by
Department of the Army General
Order Number 59, dated 1969.  It also shows that the units were awarded the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period 1 January 1969 to1 February 1970 by Department of the Army
General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows that he served faithfully and well, with
no indications of any disciplinary infractions or lost time.  He is
entitled to award of the Good Conduct Medal for the period 24 January 1968
to 24 December 1969.

2.  The applicant's Army Commendation Medal was awarded with the bronze "V"
device.  This should be annotated on his DD Form 214.

3.  The applicant participated in six campaigns during his service in
Vietnam; he is entitled to one silver service star and one bronze service
star for wear on his Vietnam Service Medal.

4.  The applicant served in units that were awarded the Vietnam Gallantry
Cross Unit Citation with Palm and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  He is entitled to have these awards
entered on his DD Form 214.

BOARD VOTE:

__rjw___  __teo___  __lvb___  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 that he was awarded the Army
Commendation Medal with "V" Device, the Good Conduct Medal for the period
24 January 1968 to 24 December 1969, one silver service star and one bronze
service star for wear on his Vietnam Service Medal, the Vietnam Gallantry
Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106721                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0114                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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