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ARMY | BCMR | CY2005 | 20050000241C070206
Original file (20050000241C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 October 2005
      DOCKET NUMBER:  AR20050000241


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show all authorized
awards and decorations.

2.  The applicant states, in effect, that not all of his awards were
entered on his DD Form 214 when he separated from active duty.

3.  The applicant provides copies of:

      a. his DD Form 214;

      b. Headquarters, 25th Infantry Division General Orders Number 4188,
dated 7 June 1968, announcing award of the Purple Heart to the applicant,
for wounds received in connection with military operations against a
hostile force on 7 February 1968;

      c. Headquarters, 25th Infantry Division General Orders Number 4851,
dated 4 July 1968, announcing award of the Bronze Star Medal to the
applicant for meritorious service, for the period August 1967 to August
1968;

      d. Headquarters, 25th Infantry Division General Orders Number 6062,
dated 27 August 1968, announcing award of the Bronze Star Medal with “V”
Device to the applicant for heroism on 29 January 1968;

      e. Headquarters, 25th Infantry Division General Orders Number 7136,
dated 8 October 1968, announcing award of the Bronze Star Medal with “V”
Device to the applicant for heroism on 8 February 1968; and,

      f. Headquarters, 25th Infantry Division General Orders Number 6182,
dated 3 September 1968, announcing award of the Army Commendation Medal
with “V” Device to the applicant for heroism on 10 February 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 August 1968.  The application submitted in this case is
dated 14 December 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 he was commissioned a second lieutenant of
infantry on 3 June 1966 and entered active duty on 6 October of that year.
He attended the Infantry Officer Basic Course, and then was assigned to
Fort Leonard Wood, Missouri.  The applicant deployed to Vietnam, where he
served as a platoon leader from 16 August 1967 to 4 August 1968 with
Company D, 3d Battalion, 22d Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; the Bronze Star Medal; the
Combat Infantryman Badge; the Republic of Vietnam Campaign Medal with
Device (1960); and, one overseas service bar.  No other awards or
decorations are listed.

5.  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 unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for the period 1 August 1967 to August 1968
by Department of the Army General Orders Number 48, dated 1971.  This
document also shows the unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for the period 1 August
1967 to 21 January 1970 by Department of the Army General Orders Number 51,
dated 1971.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes 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.  The appendix shows that the applicant is entitled to wear one
bronze service star for each the following Vietnam campaigns: Vietnam
Counteroffensive Phase III; Tet Counteroffensive; Vietnam Counteroffensive
Phase IV; and, Vietnam Counteroffensive Phase V.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the overseas
service bar.  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 for the specific
time frames and areas of operation cited in Army Regulation 670-1 or
appropriate Department of the Army message. There are special provisions
regarding authorization for the overseas service bar for service in a
hostile fire zone and for combining service to calculate award of the bars.
 For Vietnam service, one overseas service bar 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 whole months for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant received the Purple Heart.
Therefore, he is entitled to corrections of his records to show this
decoration.

2.  General Orders show the applicant received two awards of the Bronze
Star Medal with “V” Device.  Therefore, he is entitled to award of the
Bronze Star Medal with “V” Device, 1st Oak Leaf Cluster and correction of
his records to show this decoration with appurtenances.

3.  General Orders show the applicant received the Army Commendation Medal
with “V” Device.  Therefore, he is entitled to correction of his records to
show this decoration and appurtenance.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

5.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

6.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in four campaigns.  As a result, he is entitled to
award of four bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

7.  Evidence of record shows that the applicant is eligible for two
overseas service bars.  Therefore he is entitled to award of one additional
service bar, for a total of two, and correction of his records to show
these service bars.

BOARD VOTE:

___lcb___  ___cd___  _____mdm  GRANT 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:

      a. the Purple Heart;


      b. the Bronze Star Medal with “V” Device (1st Oak Leaf Cluster);


      c. the Army Commendation Medal with “V” Device;


      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      e. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;


      f. four bronze service stars, to be affixed to the Vietnam Service
Medal; and,

      e. one additional overseas bar, for a total of two.




            ________Mark D. Manning______________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000241                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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