RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR2004106982


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVern M. Douglas             |     |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
included on his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.

2.  The applicant states, in effect, that the orders for the Bronze Star
Medal that he received were sent to him in Cleveland, Ohio, after his
discharge.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 27 March 1969.  The application submitted in this case is dated
7 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 military record shows that he enlisted in the Regular
Army, for 3 years, on 28 March 1966.  He completed his basic combat
training at Fort Benning, Georgia, and his advanced individual training at
Fort Dix, New Jersey.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11C (Indirect Fire
Infantryman).

4.  The applicant was assigned to Company B, 1st Battalion, 20th Infantry
Regiment, 11th Infantry Brigade, in Hawaii on 20 August 1966.  On 5
December 1967, he was assigned to Vietnam with his unit as part of a unit
permanent change of station (PCS).  He remained assigned to this unit until
1 October 1968 when he was returned to the United States to complete his
active duty service obligation.

5.  The applicant was released from active duty on 27 March 1969, 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 Five, E-5, with 3 years
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 National Defense Service Medal; the Vietnam Service Medal;
the Combat Infantryman Badge; the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar (M-14 Rifle).  The Bronze Star Medal is not shown
among his awards.

7.  An entry in Item 41 (Awards and Decorations), of the applicant's
DA Form 20, Enlisted Qualification Record, shows that award of the Bronze
Star Medal was pending; it is presumed, on his departure from Vietnam.

8.  There were no orders awarding the Bronze Star Medal to the applicant in
his service personnel records; however, an inquiry was made and a copy of
the general orders awarding the applicant the Bronze Star Medal were
provided by the Awards Branch, Human Resources Command.

9.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force, by
General Orders Number 8492, published by Headquarters, Americal Division,
dated 7 November 1968.

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.  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.  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 B, 1st Battalion, 20 Infantry Regiment, 11th Infantry Brigade,
Americal Division, was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 2 November 1968 through 28
February 1969, by Department of the Army General Orders (DAGO) Number 2,
dated 1971.

14.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal.  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 served in Vietnam from 5 December 1967 through 1 October
1968.  He is therefore eligible for award of the Republic of Vietnam
Campaign Medal.

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 that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at a time he was assigned to the
unit.  He is therefore entitled to this unit award and to have it added to
his separation document.

BOARD VOTE:

lmd_____  kan_____  jea   _____  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 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;


      c.  awarding the applicant the Republic of Vietnam Campaign Medal for
his service in Vietnam; 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.




                            ____Kathleen A. Newman__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106982                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|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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