RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         22 December 2005
      DOCKET NUMBER:  AR20050007118


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 a Bronze Star Medal (BSM) he
was awarded be added to his separation document (DD Form 214).

2.  The applicant states, in effect, he would like his military records
corrected to show he was awarded the BSM for meritorious service.  He
further states he has proof he was awarded the BSM, and he has the medal
that was sent to him.

3.  The applicant provides a BSM Certificate with Citation in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 August 1968.  The application submitted in this case is
dated
27 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 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 DD Form 214 shows he enlisted into the Regular Army and
entered active duty on 19 August 1966.  He was trained in, awarded and
served in military occupational specialty (MOS) 11B (Light Weapons
Infantryman).  It also shows the highest rank he attained while serving on
active duty was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms he
served in the Republic of Vietnam (RVN) from 6 December 1967 through
11 August 1968.  During his RVN tour, he was assigned to Company D,
3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, performing
duties in MOS 11B as an automatic rifleman.
5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
received “Excellent” conduct and efficiency ratings at each of his active
duty assignments.  His Military Personnel Records Jacket (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).

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his active duty tenure:  Vietnam Service
Medal (VSM); National Defense Service Medal (NDSM); Combat Infantryman
Badge (CIB); Vietnam Campaign Medal (VCM) with 60 Device; 1 Overseas Bar;
Sharpshooter Qualification Badge with Rifle Bar (M-16); and Marksman
Qualification Badge with Rifle Bar (M-14).

7.  The applicant's Military Personnel Record Jacket (MPRJ) contains a
certificate showing the applicant was awarded the BSM for his meritorious
achievement in ground operations against hostile forces for the period
August 1967 through August 1968.  It also contains a copy of the BSM
citation, which states the applicant was awarded the BSM for distinguishing
himself by outstandingly meritorious service in connection with military
operations against a hostile force in the RVN during the period August 1967
through August 1968.

8.  On 11 August 1968, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months and 13 days of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he
was issued shows he earned the following awards:  NDSM; VSM; VCM; CIB;
Marksmanship Qualification Badge with Rifle Bar (M-14); Sharpshooter
Qualification Badge with Rifle Bar (M-16); and 1 Overseas Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.   Paragraph 3-13 of the
awards regulation contains guidance on award of the BSM.  It states, in
pertinent part, that it is awarded to any person who, while serving in any
capacity in or with the Army of the United States after 6 December 1941,
distinguished himself or herself by heroic or meritorious achievement or
service.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized for
each RVN campaign a member is credited with participating in.  It also
stipulates that a silver service star is used in lieu of five bronze
service stars to denote participation in five campaigns.
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 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 earned the RVN Gallantry Cross
with Palm Unit Citation.  This publication also shows that during his
tenure of assignment, campaign credit was granted for the following five
campaigns:  Vietnam Counteroffensive Phase III; TET Counteroffensive;
Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; and
Vietnam Counteroffensive Phase VI.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the BSM was carefully
considered and found to have merit.  The BSM certificate and citation on
file in the applicant’s record confirms he was awarded the BSM for
meritorious achievement in the RVN during the period August 1967 through
August 1968.  Therefore, it would be appropriate to add the BSM to his
record and separation document at this time.

2.  The applicant's record also confirms that he received "Excellent"
conduct and efficiency ratings at all of his active duty assignments.
Further, the record is 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 19 August 1966 through 11 August 1968.

3.  The evidence also confirms that based on his RVN service and campaign
participation, he is also entitled to the RVN Gallantry Cross with Palm
Unit Citation and 1 silver service star with his VSM.  Therefore, it would
also be appropriate to add these awards to his record and DD Form 214 at
this time.
BOARD VOTE:

___TSK _  __RLD __  __JBM__  GRANT FULL 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:

      a.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 19 August 1966 through 11 August 1968;


      b.  amending Item 24 of his 11 August 1968 DD Form 214 by adding the
Bronze Star Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and 1 silver service star with his Vietnam
Service Medal; and


      c.  providing him a correction to his separation document that
includes these changes.




                            _____Ted S. Kanamine______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007118                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/11                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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