RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 March 2005
      DOCKET NUMBER:  AR2004107081


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show:

      a.  All of his awards and decorations;

      b.  The 101st Airborne Division Certificate of Service;

      c.  His correct name;

      d.  His highest rank; and

      e.  Basic Infantry Training and Airborne Training.

2.  The applicant also requests, in effect, that he be provided missing
medals, to include the National Defense Service Medal, Vietnam Campaign
Medal with Device 1960, Parachutist Badge, Expert Marksmanship
Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14).

3.  The applicant states, in effect that:

      a.  He was awarded Bronze Star Medal(s), Army Commendation Medal(s),
the Air Medal, and the Purple Heart;

      b.  He was a Staff Sergeant (SSG/E-6); and

      c.  He has no middle initial in his name.

4.  The applicant provides a self-authored attachment to his DD Form 149
(Application for Correction of Military Record), and a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 September 1971.  The application submitted in this case
is dated 1 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 records are incomplete.  Although there is a
DA Form 201 (Military Personnel Records Jacket, or MPRJ) available, it
contains no orders pertaining to awards and decorations.  There is a PMG
Form 201 (Provost Marshal General Prisoner Record) in the MPRJ which notes
that the applicant arrived at the United States Disciplinary Barracks
(USDB), Fort Leavenworth, Kansas in a prisoner status and without personnel
or medical records.

4.  The applicant requested correction of his records to show award of
Bronze Star Medals, Army Commendation Medals, and the Air Medal.  There are
no orders or other evidence authorizing award of these decorations to the
applicant. In the absence of a proper authority for these decorations, the
applicant may request award of the Bronze Star Medal, Army Commendation
Medal and Air 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 these decorations under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

5.  The applicant enlisted in the Regular Army for 3 years on 31 March
1967.  He completed Basic Combat Training, Infantry Advanced Individual
Training, and Basic Airborne Training.  He was awarded military
occupational specialty (MOS) 11C2P, Indirect Fire Infantryman (Airborne).

6.  The applicant served in Vietnam from 13 December 1967 to on/about
12 July 1969.  He served in MOS 11B (Light Weapons Infantryman) and rose to
the rank of SSG (Temporary).

7.  Following his assignment in Vietnam, the applicant was reassigned to
Fort Bragg, North Carolina.  At Fort Bragg, he was apprehended for wrongful
possession of opium.  He was tried by a general court-martial on 22, 23,
and 26 January 1970.  He was convicted and sentenced to a Bad Conduct
Discharge (BCD), total forfeiture of all pay and allowances, confinement at
hard labor for 4 years, and reduction to Private (PVT/E-1).  He was
transferred to the USDB for service of his sentence to confinement.

8.  The applicant's sentence to confinement was reduced to 16 months by the
court-martial convening authority.  Upon completing his sentence to
confinement, he was placed on excess leave without pay on 17 December 1970
pending completion of the appellate review process of his conviction.  Also
on 17 December 1970, the Secretary of the Army directed that his BCD be
changed to a General Discharge (GD) under honorable conditions.

9.  The applicant's appellate review was completed and his GD was ordered
executed on 4 August 1971.  On 3 September 1971, he was discharged with a
GD and issued a DD Form 214.  His DD Form 214 shows that he served 3 years,
2 months, and 24 days of creditable service, of which 1 year, 6 months, and
29 days were served in Vietnam.  His awards and decorations includes the
Army Commendation Medal, National Defense Service Medal, Vietnam Service
Medal, Vietnam Campaign Medal with Device 1960, Parachutist Badge, Expert
Marksmanship Qualification Badge (M-16 Rifle), and Sharpshooter
Marksmanship Qualification Badge (M-14 Rifle).  His rank is shown as "PV1"
for Private, and his pay grade is "E1."  His education and training
includes the Basic Airborne Course.  He had 173 days of lost time prior to
his normal expiration of term of service (ETS) and 261 days lost after ETS.

10.  The applicant's PMG 201 file contains a 28 May 1970 Review of The
Staff Judge Advocate, a highly accurate document that provides a detailed
synopsis of his court-martial record and overall civilian and military
history.  Page 21 states in a paragraph entitled Civilian and Military
Background and General Evaluation of the Accused". . . the accused is
entitled to wear the Combat Infantryman's (sic) Badge, Parachutist Badge,
Silver Star, Bronze Star with Oak Leaf Cluster, Army Commendation Medal
with Oak Leaf Cluster, Purple Heart with Oak Leaf Cluster, National Defense
Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

11.  The applicant's DA Form 20 (Enlisted Qualification Record) lists the
following awards in Item 41 (Awards and Decorations):  National Defense
Service Medal, Sharpshooter Badge with Rifle Bar, Expert Badge with Rifle
Bar (M-16), Parachutist Badge, Vietnam Service Medal, Vietnam Campaign
Medal with Device 1960, Vietnamese Unit Citation, Army Commendation Medal.
The Combat Infantryman Badge is listed, but crossed out.

12.  The applicant's DA Form 20 also shows in Item 40 (Wounds) a fragment
wound to the left leg in March 1968.  The applicant's name appears on the
Vietnam Casualty Listing as having been wounded on 6 March 1968.

13.  The applicant's DA Form 20 shows that he was assigned to the following
units during his duty in Vietnam:  Company D, 1st Battalion (Airborne),
502nd Infantry from 15 December 1967 to 4 November 1968, and Headquarters
and Headquarters Company, 1st Battalion (Airmobile), 502nd Infantry from
5 November 1968 to 12 July 1969.

14.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, the 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 in pertinent part, that a:

      a.  PH is awarded for a wound sustained as a result of hostile action.
 Substantiating evidence must be provided to verify that:  (1) the wound
was the result of hostile action; (2) the wound required medical treatment;
and (3) the medical treatment was made a matter of official record.


      b.  Bronze service star is authorized 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.  The applicant is authorized six bronze service stars to be worn on
his VSM representing his service from 13 December 1967 to 2 July 1969.  A
silver service star is worn instead of five of the bronze service stars.

15.  Army Regulation 635-5 prescribes the policies and procedures for
preparing separation documents for Soldiers upon retirement, discharge, or
release from active military service.  It provides standardized policy for
preparing and distributing the DD Form 214.  It also provides that:

      a.  Certificates of Appreciation and letters of recognition are
expressions of gratitude to Soldiers for military service.  They are not
intended to have any legal effect on entitlements or benefits and notations
that a Soldier received them are not permitted to be entered on the DD Form
214.

      b.  Service schools including major courses which were successfully
completed, and military sponsored courses completed in civilian schools and
colleges are to be shown in Item 24 (Education and Training Completed) of
the DD Form 214.  The training is listed by title, length in weeks, and
month and year completed.  The exact dates and duration of the applicant's
training are not available.  The current regulation provides that education
and training information
is provided to assist the Soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.
Basic Combat Training is not authorized to be listed.

16.  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 Valorous Unit Award for the period
12 March 1969 to 8 May 1969 by Department of the Army General Order Number
2, dated 1971.  It also shows that the unit was awarded the Vietnam
Gallantry Cross Unit Citation with Palm for the period 19 April 1968 to15
August 1968 by Department of the Army General Order Number 21, dated 1969,
and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation for the period 18 March 1968 to 2 May 1970 by Department of the
Army General Order Number 48, dated 1971.

17.  Army Regulation 670-1, in effect at the time, governs the requirements
for the overseas service bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one OSB is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the OSB.  The applicant is authorized award of three OSB's to
represent his service from13 December 1967 to 12 July 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was convicted by a general court-martial and sentenced to
confinement at hard labor and reduction from SSG to PVT.  His rank at time
of discharge was PVT and this is properly reflected on his DD Form 214.

2.  The applicant's DD Form 214 properly reflects his name and does not
show a middle initial.  There are no documents in his record that show him
as having a middle name.

3.  The DD Form 214 may not reflect certificates of appreciation, letters
of commendation, or unit certificates of service.  These items are not
authorized to be entered on the DD Form 214.  The applicant's 101st
Airborne Division Certificate of Service is not authorized to be entered on
his DD Form 214.

4.  The applicant's DD Form 214 already reflects his attendance at the
Basic Airborne Course.  Basic Combat Training and Infantry Advanced
Individual Training are not authorized to be shown on the DD Form 214.

5.  The applicant's DA Form 20 shows that he was wounded on 8 March 1968.
His name appears of the Vietnam Casualty Listing as having been wounded on
6 March 1968.  He is therefore entitled to have the Purple Heart shown on
his DD Form 214.

6.  The applicant was assigned to a unit in Vietnam that was awarded the
Valorous Unit Award, the Vietnam Gallantry Cross Unit Citation with Palm,
and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation.  He is entitled to have these awards added to his DD Form 214.

7.  The applicant served in Vietnam from 13 December 1967 to 12 July 1969
and is authorized three OSB's.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mdm___  __bje___  __pms___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 issuing to him a DD
Form 215 (Correction to
DD Form 214):

      a.  Deleting the Vietnam Service Medal; and

      b.  Adding the Purple Heart, Vietnam Service Medal with silver
service star and bronze service star, Valorous Unit Award, Vietnam
Gallantry Cross Unit Citation with Palm, Republic of Vietnam Civil Actions
Honor Medal, First Class Unit Citation, and three OSB's.

2.  The Board also recommends that the individual concerned be issued the
following awards, decorations, and badges:  National Defense Service Medal,
Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar
(M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14).  The Board notes that the Vietnam Campaign Medal with Device 1960
is a foreign award of the Republic of Vietnam and is no longer available
for issue.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting the individuals
DD Form 214 with regards to rank, name, certificates, and education.



                 Mark D. Manning
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004107081                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |100.0700                                |
|3.                      |102.0200                                |
|4.                      |107.0014                                |
|5.                      |107.0015                                |
|6.                      |107.0020                                |


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