RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 June 2005
      DOCKET NUMBER:  AR20050000838


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Laverne 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, correction of his military records
to show four additional bronze service stars to be affixed to the Vietnam
Service Medal, a second award of the Army Commendation Medal, and four
awards of the Overseas Service Bar.

2.  The applicant states, in effect, that he participated in six campaigns
in Vietnam and that he was awarded an Army Commendation Medal after his
retirement.

3.  The applicant provides a letter, dated 29 September 2004, from the
Review Boards Agency, St. Louis, Missouri; Letter Orders Number D 4-282,
dated
10 April 1973; two DD Forms 214 (Report of Transfer or Discharge) for the
periods ending 24 April 1973 and 4 March 1971; orders for the Army
Commendation Medal, dated 7 June 1973; and two DD Forms 215 (Correction to
DD Form 214), dated 28 September 2004, amending DD Forms 214 for the
periods ending 24 April 1973 and 4 March 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 April 1973.  The application submitted in this case is dated 18 October
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 enlisted in the Regular Army on 3 December 1956 for a
period of 3 years.  He served as a cook and was honorably discharged on 24
November 1959.

4.  The applicant enlisted in the Air Force on 13 December 1963 for a
period of 4 years.  He served in Vietnam from 16 February 1966 through 15
February 1967 and was honorably discharged from the Air Force on 12
December 1967.

5.  The applicant enlisted in the Regular Army on 21 February 1968 for a
period of 3 years.  He served as a light weapons infantryman in Vietnam
from

1 December 1968 through 1 May 1969 and was honorably discharged on
4 March 1971.

6.  The applicant's DD Form 214 for the period ending 4 March 1971 shows
the Bronze Star Medal with Second Oak Leaf Cluster with "V" Device, the Air
Medal, the Purple Heart with First Oak Leaf Cluster, the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the
Combat Infantryman Badge, and the Master Parachutist Badge as authorized
awards.

7.  The applicant reenlisted on 5 March 1971 for a period of 4 years.  He
served as a light weapons infantryman in Vietnam from 31 January 1970
through 6 June 1970.  On 24 April 1973, the applicant retired by reason of
permanent disability (70 percent).

8.  The applicant's DD Form 214 for the period ending 24 April 1973 shows
the Air Medal, the Purple Heart with First Oak Leaf Cluster, the Good
Conduct Medal, the Army Commendation Medal with "V" Device, and the Bronze
Star Medal with Second Oak Leaf Cluster with "V" Device as authorized
awards.

9.  Headquarters, Fort Carson and Headquarters, 4th Infantry Division
(Mechanized) General Orders Number 154, dated 7 June 1973, show the
applicant was awarded the Army Commendation Medal for meritorious service
for the period 28 April 1971 to 1 February 1973.

10.  Records show the applicant served in six campaigns during his three
assignments in Vietnam.

11.  A DD Form 215, dated 28 September 2004, amended the applicant's DD
Form 214 for the period ending 24 April 1973 to show the Vietnam Service
Medal with two bronze service stars and four awards of the Overseas Service
Bar.  Therefore, the portion of the applicant's request for correction of
his military records to show four awards of the Overseas Service Bar will
not be discussed further in these Proceedings.

12.  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.  This regulation provides that a silver service star is authorized
in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in six campaigns during his three
assignments in Vietnam which entitles him to the Vietnam Service Medal with
one silver service star and one bronze service star.

2.  Evidence of record shows the applicant received award of the Army
Commendation Medal with "V" Device prior to his retirement on 24 April
1973.  After his retirement, he was awarded a second award of the Army
Commendation Medal.  Therefore, the applicant is entitled to correction of
his military records to show the Army Commendation Medal with First Oak
Leaf Cluster with "V" Device.

BOARD VOTE:

MP_____  PM_____  LD______  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 amending his DD Form 214 for the
period ending
24 April 1973 to show he was awarded the Vietnam Service Medal with one
silver service star and one bronze service star and the Army Commendation
Medal with First Oak Leaf Cluster with "V" Device.





            __Margaret Patterson_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000838                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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