RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050004772


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 discharge document
to show all of his awards and decorations.

2.  The applicant states, in effect, that he received orders for three
awards of the Bronze Star Medal, one of which was for valor; two awards of
the Air Medal; and three awards of the Army Commendation Medal; however,
these awards are not shown on his DD Form 214 (Report of Separation from
Active Duty), with an effective date of 31 May 1975.

3.  The applicant provides a copy of his DD Form 214 and one-page extracts
of his award orders for the Bronze Star Medal, Meritorious Service Medal,
Air Medal, Good Conduct Medal, Army Commendation Medal, Combat Infantryman
Badge, Pathfinder Badge, Expert Infantryman Badge, and Master Parachutist
Badge in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
31 May 1975, the date of his retirement from active duty.  The application
submitted in this case is dated 25 January 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 military service record shows that he enlisted in the
U.S. Army on 17 May 1955.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also
completed basic airborne training, ranger training, the jumpmaster and
pathfinder courses, and was subsequently awarded MOS 11G (Infantry Senior
Sergeant).

4.  The applicant's military service record shows that he served two tours
of duty in Vietnam.  During his first tour of duty he was assigned to
Company B, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade in
Vietnam, from 11 May 1968 to 31 July 1968, and then to Advisory Team 35, II
Corps, United States Military Assistance Command, Vietnam from 1 August
1968 to 13 April 1969.  During his second tour of duty he was assigned to
Headquarters, United States Military Assistance Command, Vietnam from 24
October 1971 to 22 July 1972.  The applicant retired from the U.S. Army on
31 May 1975 after serving honorably on active duty for a total of 20 years
and 14 days.

5.  The applicant provides his DD Form 214 and one-page extracts of his
award orders in support of his application which offer some degree of
evidence regarding his entitlement to the awards.

6.  The applicant's DD Form 214, issued at the time of his retirement,
shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the Bronze
Star Medal with Oak Leaf Cluster, Air Medal, Army Commendation Medal with
Second Oak Leaf Cluster, Good Conduct Medal (Sixth Award), National Defense
Service Medal with Oak Leaf Cluster, Armed Forces Expeditionary Medal,
Vietnam Service Medal with 1 silver service star and 2 bronze service
stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge,
Expert Infantryman Badge, Master Parachutist Badge, Pathfinder Badge,
Ranger Tab, 4 Overseas Service Bars, and 6 Service Stripes.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 19
April 1968 through 15 April 1969, and again from 18 October 1971 through 23
July 1972.  Item 39 (Campaigns) of this document shows that he participated
in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Consolidation
I, Consolidation II, and an unnamed campaign.

8.  The applicant's record contains a copy of Headquarters, 82nd Airborne
Division, Fort Bragg, North Carolina, General Orders Number 172, dated 28
July 1965, which shows that he was awarded the Bronze Star Medal with "V"
Device for heroism in ground combat in the Dominican Republic on 4 May
1965.

9.  The applicant's record contains a copy of Headquarters, United States
Military Assistance Command, Vietnam, General Orders Number 861, dated 1
March 1969, which shows that he was awarded the Bronze Star Medal (First
Oak Leaf Cluster) for meritorious service in connection with military
operations against a hostile force from August 1968 to March 1969.

10.  The applicant's record contains a copy of Headquarters, Army Advisory
Group, United States Military Assistance Command, Vietnam, General Orders
Number 35, dated 8 August 1972, which shows that he was awarded the Bronze
Star Medal (Second Oak Leaf Cluster) for meritorious service in connection
with military operations against a hostile force from October 1971 to July
1972.

11.  The applicant's record contains a copy of Headquarters, United States
Military Assistance Command, Vietnam, General Orders Number 901, dated 4
March 1969, which shows that he was awarded the Air Medal for meritorious
achievement in connection with aerial operations against a hostile force
from 10 May 1968 to
23 July 1968.

12.  The applicant's record contains a copy of Headquarters, Army Advisory
Group, United States Military Assistance Command, Vietnam, General Orders
Number 19, dated 1 August 1972, which shows that he was awarded the Air
Medal (Second Award) for meritorious achievement while participating in
aerial flight from
28 October 1971 to 13 March 1972.

13.  The applicant's record contains a copy of Headquarters, 82nd Airborne
Division, Fort Bragg, North Carolina, General Orders Number 77, dated 21
April 1966, which shows that he was awarded the Army Commendation Medal for
meritorious service from 1 February 1963 to 15 February 1966.

14.  The applicant's record contains a copy of Headquarters, United States
Army Infantry Center, Fort Benning, Georgia, General Orders Number 244,
dated
30 December 1970, which shows that he was awarded the Army Commendation
Medal (First Oak Leaf Cluster) for meritorious service from 25 April 1969
to
6 January 1971.

15.  The applicant's record contains a copy of Headquarters, United States
Army Infantry Center, Fort Benning, Georgia, General Orders Number 374,
dated
15 December 1971, which shows that he was awarded the Army Commendation
Medal (First Oak Leaf Cluster) for meritorious service from 25 April 1969
to
15 October 1971.  There is also a hand-written comment annotated on a copy
of this award order in the applicant's service record which indicates "to
be amended to read 2d OLC".  However, the record is absent an order
amending this award order.


16.  The applicant's record contains a copy of Headquarters, United States
Army Infantry Center, Fort Benning, Georgia, General Orders Number 81,
dated 22 May 1975, which shows that he was awarded the Meritorious Service
Medal for meritorious service from July 1972 to May 1975.

17.  The applicant's military service records contain a DD Form 214, with
an effective date of 19 March 1958, which shows, in pertinent part, in Item
26 that he was awarded the Expert Marksmanship Qualification Badge with the
(M-1) Rifle Bar.

18.  The applicant's military service records contain a DD Form 214, with
an effective date of 4 July 1961, which shows, in pertinent part, in Item
26 that he was awarded the Expert Marksmanship Qualification Badge with the
(30 Caliber) Machinegun and (45 Caliber) Pistol Bars.

19.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

20.  The applicant's military service records contain a DD Form 214, with
an effective date of 4 July 1964, which shows, in pertinent part, in Item
26 that he was awarded the Expert Marksmanship Qualification Badge with (M-
14) Rifle Bar.

21.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, Consolidation I, Consolidation II, and Vietnam Cease-
Fire; a total of seven campaigns.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign and a silver service star is authorized in lieu of five
bronze service stars.

23.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  This Army regulation provides, in pertinent part,
that the bronze “V” device indicates acts of heroism involving conflict
with an armed enemy and authorizes the bronze “V” device in conjunction
with award of the Bronze Star Medal.  This Army regulation also provides,
in pertinent part, that the oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Bronze Star Medal.

24.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.
This Army regulation also provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  In the way of an example, the numeral
2 denotes the second award of the Air Medal.

25.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  This Army regulation also provides, in pertinent
part, that the oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

26.  Army Regulation 600-8-22 provides, in pertinent part, that the
Meritorious Service Medal is awarded to members of the Armed Forces of the
United States or of a friendly foreign nation who distinguish themselves by
outstanding meritorious achievement or service in a noncombat area.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders are required.

27.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document is
incorrect because it does not show all of his awards and decorations.  He
further contends, in effect, that he received orders for three awards of
the Bronze Star Medal, one of which was for valor; two awards of the Air
Medal; and three awards of the Army Commendation Medal.  However, the
awards are not all shown on his DD Form 214 and the applicant provides one-
page extracts of the award orders in support of his claim.

2.  General Orders awarded the applicant the Bronze Star Medal for valor
and two awards of the Bronze Star Medal for meritorious service.
Therefore, it would be appropriate to correct his records to show award of
the Bronze Star Medal with "V" device and two oak leaf clusters.

3.  General Orders awarded the applicant two awards of the Air Medal for
meritorious achievement.  Therefore, it would be appropriate to correct his
records to show award of the Air Medal with the Numeral "2".

4.  General Orders awarded the applicant three awards of the Army
Commendation Medal for meritorious service.  Therefore, it would be
appropriate to amend Headquarters, United States Army Infantry Center, Fort
Benning, Georgia, General Orders Number 374, dated 15 December 1971, to
show award of the Army Commendation Medal (Second Oak Leaf Cluster) for
meritorious service from
25 April 1969 to 15 October 1971.  However, the applicant's DD Form 214
correctly shows this award (i.e., "Army Commendation Medal 2d OLC" (Oak
Leaf Cluster)); therefore, correction of the DD Form 214 is not required.

5.  General Orders awarded the applicant the Meritorious Service Medal.
Therefore, it would be appropriate to correct his records to show this
award.

6.  The evidence of record shows that the applicant was awarded the Expert
Marksmanship Qualification Badge with Rifle, Pistol, Machinegun, and
Carbine Bars.  Therefore, it would be appropriate to correct his records to
show this badge with the corresponding component bars.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1975; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 1978.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in view of the evidence in this case with regard to award of the Bronze
Star Medal with "V" Device (Second Oak Leaf Cluster) and the Air Medal with
Numeral "2".

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS __  __REB __  __RMN__  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.  amending Headquarters, United States Army Infantry Center, Fort
Benning, Georgia, General Orders Number 374, dated 15 December 1971, to
show that the applicant was awarded the Army Commendation Medal (Second Oak
Leaf Cluster) for meritorious service from 25 April 1969 to 15 October
1971;

      b.  correcting his DD Form 214 to delete:  "Bronze Star Medal w/OLC"
and "Air Medal";

      c.  correcting his DD Form 214 to add:  Bronze Star Medal with "V"
Device (Second Oak Leaf Cluster), Meritorious Service Medal, Air Medal with
Numeral "2", and Expert Marksmanship Qualification Badge with Rifle,
Pistol, Machinegun, and Carbine Bars.

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
correcting the applicant's
DD Form 214 with regard to the Army Commendation Medal (Second Oak Leaf
Cluster).




                            ____LINDA D. SIMMONS___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004772                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19750531                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0018.0000                           |
|3.                      |107.0020.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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