RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050015931


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Combat Infantryman Badge, the Bronze Star Medal, the Air Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and bronze
service stars for the campaigns in which he participated.

2.  The applicant states that he served with the 4th Battalion, 54th
Infantry (4/54 Infantry) in Vietnam.  He indicates he was evacuated to
Japan and then on to Walter Reed Hospital with malaria.  Since he did not
return home with his unit, he believes this is the reason that his awards
were left off of his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a newspaper
clipping.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 February 1969.  The application submitted in this case
is dated 27 October 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 Official Military Personnel File (OMPF) appears to be a
reconstructed, temporary OMPF; many documents are missing, to include his
induction paperwork.  Additionally, it appears his OMPF was near the area
involved in the 1973 fire at the National Archives and Records
Administration (NARA).  The file has sustained some minor water damage and
scorching.

4.  On 9 February 1967, the applicant was inducted into the Army of the
United States for a period of 2 years.  He apparently completed basic
combat training (BCT) and advanced individual training (AIT).  He was
awarded military occupational specialty (MOS) 11B, Light Weapons
Infantryman.

5.  The available record indicates he served in Vietnam from 10 July 1967
through 16 June 1968.  The available orders for his Army Commendation Medal
show he was assigned to Company B, 3rd Battalion, 21st Infantry, 196th
Infantry Brigade for this same period of time.  The newspaper clipping and
the orders for the Bronze Star Medal with "V" Device also confirm this was
the unit to which he was assigned.  The applicant's DD Form 214 and his own
statement indicate he was assigned Company C, 4/54 Infantry in Vietnam.
The applicant has not supplied a reason for this apparent discrepancy.

6.  On 10 February 1969, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 shows he was awarded the Vietnam Service Medal,
the Vietnam Campaign Medal with Device 1960, and the National Defense
Service Medal.  He was subsequently honorably discharged from the U.S. Army
Reserve Control Group (Standby) on 1 February 1973.

7.  On 16 March 1973, The Adjutant General, U.S. Army Reserve Components
Personnel and Administration Center (now known as the Human Resources
Command – St. Louis) issued a DA Form 1577 (Authorization for Issuance of
Awards) authorizing the applicant the Army Commendation Medal, 2 bronze
service stars to his Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with Device 1960, and the National Defense Service Medal.
There is no evidence a correction to the applicant's DD Form 214 was
prepared.

8.  The applicant requested a correction of his records to show award of
the Air Medal.  There are no orders or other evidence authorizing award of
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the Air
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

9.  The applicant's OMPF did not contain a copy of his orders for the
Bronze Star Medal.  A staff member of the Army Review Boards Agency
reviewed the unit records of Company B, 3rd Battalion, 21st Infantry
Division, 196th Infantry Brigade at the National Archives, College Park,
Maryland.  Fortunately, the unit records contained a copy of General Orders
Number 1608, dated 27 March 1968, which awards the applicant the Bronze
Star Medal with "V" Device for heroism on 11 March 1968.  There is,
however, a typographical error in the orders in that the wrong Social
Security Number is shown; however, his Army Service Number is correct.
10.  General Orders Number 3431, Headquarters, Americal Division, dated
26 June 1968, awarded the applicant the Army Commendation Medal for the
period July 1967 through June 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised in similar cases that, during the Vietnam era, the Combat
Infantryman Badge was awarded only to enlisted Soldiers who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

13.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal.  The applicant served in Vietnam
during three campaigns -- Vietnam Counteroffensive, Phase III, which
extended from 1 June 1967 through 29 January 1968; Tet Counteroffensive,
which extended from
30 January through 1 April 1968; and Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period 20 July 1965 to 28 March 1973  by Department
of the Army General Orders 8, dated 1974.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the Oversea
Service Bar.  In pertinent part, it provides that a bar is authorized for
wear for each period of active Federal service as a member of the U.S. Army
outside of the continental limits of the United States.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant is entitled to award of the Bronze
Star Medal with "V" Device.  Therefore, he is entitled to a correction of
his records to show this award on his DD Form 214.

2.  General Orders show the applicant is entitled to award of the Army
Commendation Medal.  Therefore, he is entitled to a correction of his
records to show this award on his DD Form 214.

3.  Despite the fact there are no orders awarding the applicant the CIB, he
meets the criteria by being assigned to an infantry unit engaged in combat
and he has the proper MOS.  This is further verified by the citation in
orders for the Bronze Star Medal with "V" Device.  Therefore, he is
entitled to have this award reflected on his DD Form 214.

4.  The applicant served honorably and faithfully throughout his period of
induction.  During this period, the applicant was awarded the Bronze Star
Medal with "V" Device.  He entered active duty in the rank of Private
(PVT/E-1) and was released from active duty in the rank of Sergeant (SGT/E-
5).  He achieved that rank in a period of 2 years, 0 months, and 0 days of
active duty.  There is no indication of any indiscipline in the applicant's
available personnel records or that
he was otherwise disqualified from receiving the GCMDL by any of his unit
commanders.  He is therefore entitled to award of the GCMDL for the period
9 February 1967 through 10 February 1969.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  Notwithstanding the previous issuance of two bronze
service stars in 1973, evidence of record shows the applicant participated
in three campaigns during his assignment in Vietnam which are not correctly
shown by award of three bronze service stars for wear on his Vietnam
Service Medal.  Therefore, in accordance with the governing regulation, the
applicant is entitled to the Vietnam Service Medal with three bronze
service stars and correction of his DD Form 214 to show this award.

6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

7.  The applicant served 11 months and 7 days in Vietnam and is entitled to
have two Overseas Service Bars added to his DD Form 214.

8.  The Board notes the typographical errors in the applicant's orders for
the Bronze Star Medal with "V" Device which can be explained by the fact
the unit was in combat and time did not permit proper proofreading;
therefore, no amendments were done.  However, this document clearly refers
to the applicant and correction of the same would serve no useful purpose.

BOARD VOTE:

__rjo___  __jmm___  __nh____  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.  Deleting the Vietnam Service Medal on his DD Form 214 of
10 February 1969; and

      b.  Adding the Vietnam Service Medal with 3 bronze service stars, the
Bronze Star Medal with "V" Device, the Army Commendation Medal, the Combat
Infantryman Badge, the Good Conduct Medal for the period 9 February 1967 to
10 February 1969, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and 2 Overseas Service Bars.



                                  Robert J. Osborn, II
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015931                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |107.0111                                |
|5.                      |                                        |
|6.                      |                                        |


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