RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 November 2005
      DOCKET NUMBER:  AR20050004720


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 record and separation
document (DD Form 214) be corrected by adding the Bronze Star Medal (BSM)
and
BSM with Valor (“V”) Device.

2.  The applicant states, in effect, that he was awarded the BSM for
meritorious service and the BSM with “V” Device for heroism while serving
in the Republic of Vietnam (RVN).

3.  The applicant indicates that he submitted supporting award letters with
his application; however, these documents were not included with the
application that was received by the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 November 1968.  The application submitted in this case
was received on 21 March 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 limitations 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 record shows that he was inducted into the Army and
entered active duty on 17 November 1966.  He was trained in, awarded and
served in military occupational specialty (MOS) 11B (Light Weapons
Infantryman) and the highest rank he attained while serving on active duty
was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 3 May 1967 through 3 May 1968, and that he was
assigned to the 2nd Battalion (Bn), 39th Infantry (Inf) Regiment (Rgmt),
9th Inf Division (Div). The record also shows he earned the following
awards during his active duty tenure:  National Defense Service Medal
(NDSM), Vietnam Service Medal (VSM) with 1 bronze service star, Combat
Infantryman Badge (CIB), RVN Campaign Medal (RVNCM) with Device 1960,
Purple Heart (PH), and 1 Overseas Service Bar.
5.  The MPRJ contains a copy of Headquarters (HQs), 9th Inf Div General
Orders (GO) Number (#) 2265, dated 9 April 1968.  These orders awarded the
applicant the BSM with "V" Device, for heroism in connection with military
operations involving conflict with an armed hostile force in the RVN on
9 December 1967.

6.  The MPRJ also contains a copy of HQs, 9th Inf Div GO # 5881, dated 20
July 1968.  These orders awarded the applicant the BSM, for meritorious
service in connection with military operations against a hostile force in
the RVN for the period 15 May 1967 to 2 May 1968.

7.  The applicant’s MPRJ contains no derogatory information and there is no
documented record of a disqualification from any of his active duty
commanders that would have precluded him from receiving the Army Good
Conduct Medal (AGCM).

8.  On 15 November 1968, the applicant was honorably separated at the
expiration of his term of service (ETS).  At the time, he had completed a
total of 1 year, 11 months, and 29 days of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the separation document (DD Form 214)
issued to the applicant upon his separation confirms he earned the
following awards:  NDSM, VSM with 3 bronze service stars, RVNCM, CIB, PH,
and Marksman Qualification Badge with Rifle Bar.  The BSM and the BSM with
"V" Device were not included in this list of awards.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the Vietnam Service Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in while serving in the
RVN.

10.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during his tenure of assignment in the RVN, the applicant was
credited with participating in the following four campaigns:  Vietnam
Counteroffensive Phase II; Vietnam Counteroffensive Phase III; TET
Counteroffensive; and Vietnam Counteroffensive Phase IV.
11.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which a case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Bn, 39th Inf Rgmt, 9th Inf
Div) earned the Presidential Unit Citation, Valorous Unit Award, RVN
Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal
First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the BSM with
"V" Device for heroism and a second BSM for meritorious service.
Therefore, his record and separation document should be corrected to show
he earned the BSM with 1st Oak Leaf Cluster and "V "Device, which confirms
these two awards of the BSM.

2.  The applicant’s record is also void of any derogatory information or a
specific disqualification by any of the active duty unit commanders for
whom he served.  As a result, it would be appropriate to award him the
first award of the AGCM, for his qualifying period of honorable active duty
service from 17 November 1966 through 15 November 1968.

3.  The evidence of record also shows that based on his RVN service and
campaign participation, he is entitled to the Presidential Unit Citation,
Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation, 1 Overseas Service Bar, and
4 bronze service stars with his Vietnam Service Medal.  Thus, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

___SK __  ___DJA__  ___DRT_  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 he was awarded the Bronze Star
Medal with
1st Oak Leaf Cluster with “V” Device; by awarding him the first award of
the Army Good Conduct Medal, for his qualifying period of active duty
service from 17 November 1966 through 15 November 1968; by showing that
based on his RVN service and campaign participation, he is entitled to the
Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, 1 Overseas Service Bar and 4 bronze
service stars with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these changes.




            ____Stanley Kelley______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004720                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/11/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/11/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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