RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 19, 2005
      DOCKET NUMBER:  AR2004106935


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry c. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, with "V"
Device, and the Purple Heart, with Oak Leaf Cluster, 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 these awards are not shown on his
DD Form 214.

3.  The applicant provides a copy of orders and a citation for award of the
Bronze Star Medal, with "V" Device, and the citation for award of the
Purple Heart, first oak leaf cluster, that he received in Vietnam, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
on 14 October 1968.  The application submitted in this case is dated 6
April 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 records show that he was inducted into the Army of the
United States on 26 May 1966.  Following completion of basic combat
training at Fort Jackson, South Carolina, he completed advanced individual
training at Fort Gordon, Georgia, and was awarded the primary military
occupational specialty (MOS) 11B, Light Weapons Infantryman.  The applicant
then attended and completed the Basic Airborne Course at Fort Benning,
Georgia, on 25 November 1966.

4.  On 15 May 1967, the applicant was assigned to Company B, 3rd Battalion,
506th Infantry, Fort Campbell, Kentucky.  On 30 October 1967, the applicant
was assigned to Vietnam in a unit PCS (permanent change of station).  The
applicant served in Vietnam until 26 May 1968 when he was returned to the
United States and assigned to the Medical Holding Detachment, Fort Bragg,
North Carolina, where he remained a patient until he was released from
active duty.

5.  The applicant was honorably released from active duty on 14 October
1968, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service, in the rank and pay grade of Specialist
Four, E-4, with 2 years, 4 months, and 20 days active military service.
The applicant was retained in service for 140 days for the convenience of
the Government – medical hold.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the following awards:  National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; and the Parachutist Badge.  The Bronze Star Medal, with
"V" Device, and the Purple Heart, with oak leaf cluster, are not shown as
authorized awards.

7.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.

8.  The applicant participated in the following four campaigns, during his
tour of duty in Vietnam:  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.

9.  The applicant provided a copy of orders, General Orders Number 4715,
published by Headquarters, 101st Air Cavalry Division, dated 12 August
1968, which awards him the Bronze Star Medal, with "V" Device, for heroism
in ground combat against a hostile force on 8 February 1968.  This award
was omitted from the applicant's DD Form 214 on his separation from the
Army.

10.  The applicant provided a copy of an awards citation awarding him the
Purple Heart, first oak leaf cluster, for wounds he received in action on 8
May 1968.  This award was omitted from the applicant's DD Form 214 on his
separation from the Army.

11.  The applicant's name appears on the Vietnam Casualty List two times.
This list shows that he was wounded on 8 February and on 8 May 1968.
12.  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.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 8, Special Orders 154,
published by Headquarters, 1st Training Brigade, Fort Jackson, South
Carolina, on 19 July 1966.  This qualification badge does not appear on the
applicant's DD Form 214.

14.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar [M-60 Machinegun], in paragraph 2, Special Orders 158,
published by Headquarters, 3rd Training Brigade (Infantry), Fort Gordon,
Georgia, on 28 September 1966.  This qualification badge does not appear on
the applicant's DD Form 214.

15.  Department of the Army (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, during his service in Vietnam, Company B, 3rd
Battalion (Airborne), 506th Infantry Regiment, 101st Air Cavalry Division
was awarded the Valorous Unit Award, for the period 31 January through 25
February 1968, by Department of the Army General Orders (DAGO) Number 43,
dated 1970; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 19 July 1968 through 14 May 1969, by DAGO 43,
dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 18 March 1968 through May 1970, by
DAGO 48, dated 1971.

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 thirty 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.  The applicant was awarded the Bronze Star Medal, with "V" Device.  This
award was omitted from his DD Form 214 when he was released from active
duty.  It would be appropriate to add this award to his DD Form 214 at this
time.

2.  The applicant was awarded the Purple Heart, with oak leaf cluster.
This award was omitted from his DD Form 214 when he was released from
active duty.  It would be appropriate to add this award to his DD Form 214
at this time.

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.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Valorous Unit Award; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation.  These unit awards are not shown
on his DD Form 214. He is entitled to these unit awards and to have them
added to this DD Form 214 at this time.

5.  The applicant earned the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle]; and the Expert Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun].  These qualification badges
are not shown on his DD Form 214.  It would be appropriate to add these
badges to his DD Form 214 at this time.

BOARD VOTE:

bpi   ____  lcb  _____  drl   _____  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, with "V" Device,
the Purple Heart, with oak leaf cluster, the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar; and the Expert Marksmanship
Qualification Badge, with Machinegun Bar; to the applicant's DD Form 214;

      b.  awarding the applicant the Valorous Unit Award; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding
these unit awards to his DD Form 214; and

      c.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his campaign
participation credit and adding these service stars to his DD Form 214.




                            ____Bernard P. Ingold    __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106935                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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