RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050006484


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 award of the Bronze Star Medal with "V" Device
and correction of his Social Security Number (SSN).

2.  The applicant states, that his records does not list the award shown
above.  He further states that the fifth number in his SSN is incorrect.

3.  The applicant provides a copy of his certificate for award of the
Bronze Star Medal with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 19 May 1972, the date of his separation from the Army.  The application
submitted in this case is dated 21 April 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 merit s of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Record shows the applicant enlisted in the Regular Army on 21 June 1968
for a period of three years.  He completed basic training and advanced
individual training and was awarded military occupational specialty 36C20
(Lineman).  The applicant served a tour of duty in Germany from 20 March
1968 through 2 July 1968 and in Vietnam from 8 August 1968 through 3 April
1970.  The applicant was honorably separated from active duty on 19 May
1972.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 (Armed Forces of The United States Report of Transfer or Discharge)
does not show award of the Bronze Star Medal with "V" Device.

5.  Item 41 (Awards and Decorations) of the applicant's DD Form 20
(Enlisted Qualification Record) shows he was awarded the Bronze Star Medal
"V" Device.

6.  Headquarters, 9th Infantry Division General Orders Number 4130, dated
7 April 1969, awarded the applicant the Bronze Star Medal with "V" Device,
for heroism in connection with military actions involving conflict against
an armed hostile forces in the Republic of Vietnam.

7.  The applicant's military service record contains several documents
which show his SSN as xxx-x4-xxxx and also as xxx-x6-xxxx.  The applicant's
records show he signed documents which contain both SSNs.  There is no
evidence in the available records which verified the applicant's correct
SSN.  There is no copy of the applicant's Social Security card available
for review with this case.

8.  Review of the applicant's record indicates entitlement to additional
awards that are not shown on his DD Form 214.

9.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey
Special Orders Number 332, dated 28 November 1967, awarded the applicant
the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for
qualifying with the M-14 Rifle.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to 9th Infantry Division, the unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for actions during the period 19 December 1966 through 28 June
1969, based on Department of the Army General Orders Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Headquarters Department
of the Army General Orders Number 8, dated 1974.

12.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-
Spring 1970.



13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  Army
Regulation 600-8-22 also provides, in pertinent part, that a silver service
star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Bronze Star Medal with "V"
Device.

2.  General Orders awarded the Bronze Star Medal with "V" Device.
Therefore, the applicant is entitled to correction of his DD Form 214 to
add this award.

3.  The applicant contends his SSN is incorrectly shown in his records.

4.  Although, the applicant's record contains two different SSNs, there is
insufficient evidence to determine the correct SSN.  Absent evidence to
verify the correct SSN, there is no basis to grant the relief requested.

5.  Records show that the applicant was authorized award of the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore,
the applicant is entitled to correction of his DD Form 214 to show this
badge.

6.  Records show that the applicant participated in the five campaigns
during his service in Vietnam and is eligible for award of one silver
service star for wear on his Vietnam Service Medal.  Therefore, the
applicant is entitled to correction of his DD Form 214 to add this award.

7.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is
entitled to have his records corrected to show this foreign unit award.

8.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, the applicant is entitled to
have his records corrected to show this foreign unit award.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RR___  __BJE___  _HOF___  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 showing he was awarded
the Bronze Star Medal with "V" Device; the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar M-14; one silver service star for wear
on the Vietnam Service Medal; the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation; and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

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
changing the applicant's Social Security Number was denied.






            ____ Barbara J. Ellis_____
                    CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20050004750                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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