RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050002832


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 added
to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that all his medals should have been
added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of a reply
he received, on 14 April 2003, to an inquiry he submitted to the National
Personnel Records Center, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 6 April 1973.  The application submitted in this case is dated16
February 2005.

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 US Army Reserve, for 6 years, on 14
November 1969.  On 1 December 1969, the applicant enlisted in the Regular
Army for a period of 4 years.  He successfully completed basic combat
training at Fort Campbell, Kentucky, and advanced individual training at
Fort Knox, Kentucky.  On completion of his advanced training, he was
awarded the military occupational specialty 11E, Armor Crewman.

4.  After having serving in Germany from 4 May 1970 through 4 November
1970, the applicant was assigned to Vietnam.  He arrived there on 19
December 1970 and was assigned to Troop A, 3rd Squadron, 5th Cavalry
Regiment, 5th Infantry Division (Mechanized).  The applicant served with
this unit until 13 September 1971 when he departed from Vietnam and was
reassigned to Hawaii.  The applicant remained in Hawaii until 20 July 1972
when he was reassigned to the Continental United States and was assigned to
the 101st Airborne Division, Fort Campbell, Kentucky.

5.  The applicant was discharged on 6 April 1973 in the rank and pay grade,
Private, E-1.  On the date of his discharge, the applicant had 3 years and
8 days active military service and 93 days lost time.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of his DD Form 214, shows he was awarded:  the Army
Commendation Medal; the American Campaign Medal; the National Defense
Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign
Medal; the Combat Infantryman Badge; one overseas service bar; and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The Bronze
Star Medal is not shown.

7.  The applicant provided a copy of a certificate for the Bronze Star
Medal and a copy of a citation for award of the Bronze Star Medal in
support of his application to show that he was awarded the Bronze Star
Medal for meritorious achievement for the period December 1970 through
December 1971 in the Republic of Vietnam.

8.  The awards certificate was dated 7 October 1971 and bears what appears
to be a stamped signature for Major General Thomas M. Tarpley, the division
commander.  The Center for Military History has verified that General
Tarpley was the commander of the 101st Airborne Division from 1 February
1971 through 6 April 1972 and that the division withdrew from Vietnam from
December 1971 through March 1972.

9.  There are no orders in the applicant's service personnel records to
show that he was ever assigned to the 101st Airborne Division while he was
assigned, or attached, for duty in the Republic of Vietnam.

10.  There are no orders in the applicant's service personnel records to
show that he was ever awarded the Bronze Star Medal.  A search of the
general orders consolidation maintained by the Awards Branch, US Army
Human Resources Command, was made for such orders in the ADCARS (Awards
and Decorations Computer Assisted Retrieval System) Data Base; however,
this search failed to reveal that such orders were published.  There is
no entry in Item 41 (Awards and Decorations), of the applicant's DA Form
20, showing that he was awarded the Bronze Star Medal.
11.  The applicant's DD Form 214 incorrectly shows that he was awarded the
Army Commendation Medal; however, the applicant was awarded the Army
Commendation Medal, with "V" Device.  The Army Commendation Medal, with "V"
Device, was awarded him by General Orders Number 1066, Headquarters, 1st
Infantry Brigade, 5th Infantry Division (Mechanized), dated 20 June 1971.

12.  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 his campaign participation.

13.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971; and the Consolidation I, which extended
from 1 July through 30 November 1971.

14.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

15.  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 was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 8 February through 30 April 1971, by Department of the Army
General Order (DAGO) Number 42, dated 1972.  This unit award is not shown
on his DD Form 214.

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.
DISCUSSION AND CONCLUSIONS:

1.  Despite the applicant's submission of a copy of citation and a
certificate of award for the Bronze Star Medal, there is insufficient proof
that the applicant ever served with the 101st Airborne Division while it
was assigned in the Republic of Vietnam.

2.  The evidence shows that the applicant spent his entire overseas tour of
duty in the Republic of Vietnam with the 5th Infantry Division
(Mechanized).  The applicant did not see duty with the 101st Airborne
Division until he was assigned to this unit at Fort Campbell, Kentucky,
after 20 July 1972.

3.  A search of the ADCARS Data Base on file at the US Army Human
Resources Command does not contain any evidence that orders awarding the
applicant the Bronze Star Medal were ever published.

4.  Based on the available evidence the applicant is ineligible to have the
Bronze Star Medal added to his DD Form 214.

5.  The evidence shows that the applicant earned the Army Commendation
Medal with "V" Device.  This award was incorrectly entered on the
applicant's DD Form 214 and a correction is deemed necessary to give the
applicant the proper credit for the valor he displayed on the battlefield
while he served in Vietnam.

6.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of two bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

7.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.  He is therefore entitled to
have this unit award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_CVM___  _JEV____  _LB_   __  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:

      a.  deleting the Army Commendation Medal and the Vietnam Service
Medal from the applicant's DD Form 214;

      b.  adding the Army Commendation Medal, with "V" Device, to the
applicant's DD Form 214;

      c.  awarding the applicant two bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in two campaigns
while he served in the Republic of Vietnam, and adding these awards to his
DD Form 214 as the Vietnam Service Medal, with two bronze service stars;
and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, to his DD Form 214.

2.  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
the addition of the Bronze Star Medal to the applicant's DD Form 214.




                            _____James E. Vick____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002832                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   60                 |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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