RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050016074


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |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, that all his awards be shown on his
last issued DD Form 214, Armed Forces of the United States, Report of
Transfer or Discharge.

2.  The applicant states, in effect, that not all his awards and
decorations are listed on his DD Form 214, an error was committed when he
retired.  He did not notice this until he was told that the awards had to
be listed on his DD Form 214 to be considered valid.  He adds that he wants
his family to be aware of and to keep the record of his Army career.  He
summarizes by saying that he is no longer a teenager – he is almost 72
years of age and, if he had to do it all over again, he would do it
proudly!

3.  In support of his application, the applicant submits twenty-one
documents (i.e., general orders, citations, decrees, translations, etc.)
related to his request for the correction of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 31 January 1973, the date of his discharge for
the purpose of retirement.  The application submitted in this case is dated
14 October 2005 but was received for processing on 9 November 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 limitation 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 records show that he was inducted into the Army of the
United States on 9 January 1953.  He entered active duty at Fort Buchanan,
Puerto Rico, and continued to serve through an enlistment and a series of
reenlistments in the Regular Army until he was honorably discharged for
the purpose of retirement on 31 January 1973, in the rank/pay grade,
Sergeant First Class/E-7.
4.  The applicant's service for the period 9 January 1953 through 9 August
1956 is not documented with a DD Form 214.  The applicant was not provided
a DD Form 214 for this service in accordance with the provisions of Army
Regulation 635-5 in effect at the time.

5.  The applicant enlisted in the Regular Army on 10 August 1956 and was
honorably discharge on 9 August 1959 in the rank/pay grade Sergeant/E-5.
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded:
the Expert Infantryman Badge and the Good Conduct Medal, with one bronze
loop.

6.  The applicant reenlisted on 10 August 1959 and was honorably discharge
on 9 August 1962 in the rank/pay grade Staff Sergeant/E-6.  Item 26, of his
DD Form 214, shows he was awarded:  the Expert Infantryman Badge and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1 Rifle).

7.  The applicant reenlisted on 10 August 1962 and was honorably discharge
on 9 August 1965 in the rank/pay grade Staff Sergeant/E-6.  Item 26, of his
DD Form 214, shows he was awarded:  the Good Conduct Medal (Second Award).

8.  The applicant reenlisted on 10 August 1965 and was honorably discharge
on 9 August 1968 in the rank/pay grade Sergeant First Class/E-7.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized), of his DD Form 214, shows he was awarded:  the
National Defense Service Medal (2nd Award), the Vietnam Service Medal, the
Good Conduct Medal (3rd Award), and the Combat Infantryman Badge.

9.  The applicant reenlisted on 10 August 1968 and was honorably discharge
on 24 June 1971 in the rank/pay grade Sergeant First Class/E-7.  Item 24,
of his DD Form 214, shows he was awarded:  the National Defense Service
Medal; the Good Conduct Medal (4th Award); the Expert Infantryman Badge,
the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the
Combat Infantryman Badge; the Bronze Star Medal, with "V" Device; the Army
Commendation Medal, with "V" Device; the Drill Sergeant Badge; and the
Republic of Vietnam Armed Forces Honor Medal, Second Class (an individual
award).

10.  The applicant reenlisted on 25 June 1971 and was honorably discharge
on 31 January 1973, for the purpose of retirement, in the rank/pay grade
Sergeant
First Class/E-7.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214,
shows he was awarded:  the Good Conduct Medal (4th Award), and the Bronze
Star Medal, with oak leaf cluster.  No other awards and decorations are
shown on this DD Form 214.

11.  The applicant's DA Form 20, Enlisted Qualification Record, shows, in
Item 31 (Foreign Service), he served in Vietnam from 3 February 1968
through 1 February 1969 and from 9 February 1971 through 29 January 1972.
In Vietnam he served with Advisory Team 75, IV Corps, US Military Advisory
Command, Vietnam (USMACV), and with Advisory Group MR2, USMACV.

12.  The applicant was awarded the Army Commendation Medal, with "V"
Device, for heroism in connection with military operations against a
hostile force, on 23 September 1968, by General Orders Number 360
published by Headquarters, USMACV, dated 27 January 1969.  The Army
Commendation Medal, with "V" Device, is not shown on the applicant's DD
Form 214, dated 31 January 1973.

13.  The applicant was awarded the Army Commendation Medal, with oak leaf
cluster, for meritorious service, for the period January 1970 to February
1971, by General Orders Number 55, published by Headquarters, US Army
Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood,
Missouri, dated 11 May 1971.  This award should appropriately have been
identified as the Army Commendation Medal, with oak leaf cluster, and with
"V" Device.  This award is not shown on the applicant's DD Form 214, dated
31 January 1973.

14.  The applicant was awarded the Army Commendation Medal, for
meritorious service, for the period 5 March 1972 to 11 September 1972, by
General Orders Number 415, published by Headquarters, US Army Training
Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 26 October
1972.  This award should appropriately have been identified as the Army
Commendation Medal, with two oak leaf clusters, and with "V" Device.  This
award is not shown on the applicant's DD Form 214, dated 31 January 1973.

15.  The applicant was awarded the Bronze Star Medal, with "V" Device,
for heroism in connection with military operations against a hostile
force, on 26 March 1968, by General Orders Number 2291, published by
Headquarters, USMACV, dated 26 July 1968.  The Bronze Star Medal, with
"V" Device, is not shown on the applicant's DD Form 214, dated 31 January
1973.
16.  The applicant was awarded the Bronze Star Medal, with oak leaf
cluster, for meritorious service in connection with military operations
against a hostile force, for the period February 1968 to January 1969, by
General Orders Number 400, published by Headquarters, USMACV, dated 28
January 1969.  This award should appropriately have been identified as the
Bronze Star Medal, with oak leaf cluster, and with "V" Device.  The Bronze
Star Medal, with oak leaf cluster, and with "V" Device, is not shown on the
applicant's DD Form 214, dated 31 January 1973.  [General Orders 400
contains a typographical error.  It shows the period for the award of the
Bronze Star Medal, with oak leaf cluster, to be February 1969 to January
1969.]

17.  The applicant was awarded the Bronze Star Medal, with oak leaf
cluster, for meritorious service in connection with military operations
against a hostile force, for the period February 1971 to January 1972, by
General Orders Number 113, published by Headquarters, USMACV, dated 11
January 1972.  This award should appropriately have been identified as the
Bronze Star Medal, with two oak leaf clusters, and with "V" Device.  The
Bronze Star Medal, with two oak leaf clusters, and with "V" Device, is not
shown on the applicant's DD Form 214, dated 31 January 1973.

18.  The Government of Vietnam awarded the applicant the Republic of
Vietnam Staff Service Medal, 2nd Class.  Authority to accept and to wear
this foreign award was approved on 9 December 1971.  This foreign award is
not shown on the applicant's DD Form 214, dated 31 January 1973.

19.  The Government of Vietnam awarded the applicant the Republic of
Vietnam Armed Forces Honor Medal, 2nd Class.  Authority to accept and to
wear this foreign award was approved on 5 May 1969.  This foreign award is
not shown on the applicant's DD Form 214, dated 31 January 1973.

20.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the silver service star and the bronze
service stars to which the applicant is entitled for his campaign
participation.

21.  While in Vietnam, the applicant participated in seven campaigns of the
Vietnam War as follow:  the Tet Counteroffensive, which extended from
30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; the Vietnam Counteroffensive, Phase
VII, which extended
from 1 July 1970 through 30 June 1971; the Consolidation I, which extended
from 1 July through 30 November 1971; and the Consolidation II, which
extended from 1 December 1971 through 29 March 1972.

22.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the units the
applicant was assigned to:  the US Military Assistance Command, Vietnam,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 8 February 1962 through 28 March 1973, by
Department of the Army General Order (DAGO) Number 8, dated 1974; and the
Meritorious Unit Commendation, for the period 1 September 1967 through 31
October 1968, by DAGO 37, dated 1970, and for the period 1 November 1968
through 30 June 1970, by DAGO 51, dated 1971 (in effect, the Meritorious
Unit Commendations, with oak leaf cluster). The applicant was assigned to
this unit at the time the unit was cited for these unit awards.

23.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

24.  Item 29 (Qualification in Arms), of the applicant's DA Form 20, shows
the applicant earned the following marksmanship qualification badges on the
date shown:  the Expert Marksmanship Qualification Badge, with Carbine Bar,
on 1 November 1956, the Expert Marksmanship Qualification Badge, with Rifle
Bar [M-14 Rifle], on 22 September 1968 and the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], on 27 November
1970.  These marksmanship qualification badges are not shown on the
applicant's DD Form 214, dated 31 January 1973.

25.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
26.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
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.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

27.  AR 635-5 prescribes policies and procedures regarding separation
documents.  Interim change 1 to the regulation dated 2 October 1989 changed
the policy regarding entries that are to be made in the block for the
recording of awards and decorations awarded to a soldier.  The current
policy is that entries in the block for decorations, medals, badges,
citations, and campaign ribbons, awarded or authorized, will be for all
periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 the applicant was awarded on his discharge for the
purpose of retirement on 31 January 1973 shows he was awarded the Good
Conduct Medal, (4th Award) and the Bronze Star Medal, with oak leaf
cluster.  No other awards are shown on this DD Form 214.  The entry for the
Bronze Star Medal is incorrect and therefore, the applicant is entitled to
a correction of his DD Form 214.

2.  In the interest of providing the applicant a consolidated listing of
all awards and decoration he earned throughout the span of his twenty year
career, present day standards of AR 635-5 for the completion of the item
24, of his DD Form 214, dated 31 January 1973, showing all his awarded or
authorized decorations, medals, badges, commendations, citations and
campaign ribbons, will be used.

3.  DD Forms 214, with end dates:  9 August 1959, 9 August 1962, 9 August
1965, 9 August 1968, and 24 June 1971 show the applicant earned the
following awards:  Expert Infantryman Badge; the Good Conduct Medal (4th
Award); the National Defense Service Medal (2nd Award), in effect, the
National Defense Service Medal, with oak leaf cluster; the Combat
Infantryman Badge; the Vietnam Service Medal; the Republic of Vietnam
Campaign Medal, the Drill Sergeant Identification Badge, the Bronze Star
Medal, with "V" Device; the Army Commendation Medal, with "V" Device; and
the Republic of Vietnam Armed
Forces Honor Medal, 2nd Class.  Some of the above shown awards were
incorrectly identified and/or did not show the correct number of awards
actually received by the applicant.

4.  The evidence of record shows, and as incorrectly indicated in item 1
above, the applicant earned more than just the Bronze Star Medal, with oak
leaf cluster. The evidence shows the applicant was awarded the Bronze Star
Medal, with "V" Device, for heroism in connection with military operations
against a hostile force. The applicant was also awarded the Bronze Star
Medal, with oak leaf cluster, for meritorious achievement in connection
with military operations against a hostile force.  This award should
appropriately have been identified as the Bronze Star Medal, with oak leaf
cluster, and with "V" Device.  The applicant was also awarded a second
Bronze Star Medal, with oak leaf cluster.  This award should have
appropriately have been identified as the Bronze Star Medal, with two oak
leaf clusters, and with "V" Device.  It would be appropriate to correct
this award and to correctly add it to the applicant's DD Form 214, dated 31
January 1973.

5.  The evidence of record shows the applicant was awarded the Army
Commendation Medal, with "V" Device, for heroism in connection with
military operations against a hostile force.  The applicant was also
awarded the Army Commendation Medal, with oak leaf cluster, at Fort Leonard
Wood, for meritorious service.  This award should appropriately have been
identified as the Army Commendation Medal, with oak leaf cluster, and with
"V" Device.  The applicant was then awarded an Army Commendation Medal, for
meritorious service at Fort Polk.  This award should appropriately have
been identified as the Army Commendation Medal, with two oak leaf clusters,
and with "V" Device.  It would be appropriate to correct this award and to
add it correctly to the applicant's DD Form 214, dated 31 January 1973.

6.  The applicant was awarded the Republic of Vietnam Staff Service Medal,
2nd Class.  This individual foreign award is not shown on the applicant's
DD Forms 214.  It would be appropriate to add this foreign award to the
applicant's DD Form 214, dated 31 January 1973.

7.  The applicant served in seven campaigns while he served in Vietnam
during his two tours of duty there.  He is therefore entitled to award of
one silver service star and two bronze service stars to be affixed to his
already-awarded Vietnam Service Medal and to have these service stars added
to his DD Form 214.
8.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Meritorious Unit
Commendation, with oak leaf cluster, while he was a member of the unit.
These unit awards are not shown on his DD Form 214.  He is entitled to
these unit awards and to have them added to his DD Form 214.

9.  The evidence shows the applicant was awarded the Expert Marksmanship
Qualification Badge, with Carbine Bar, on 1 November 1956; the Expert
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], on 22
September 1968; and the Expert Marksmanship Qualification Badge, with
Automatic Rifle Bar [M-16 Rifle], on 27 November 1970.  These marksmanship
qualification badges are not shown on his DD Form 214, dated 31 January
1973.

10.  The applicant served in Vietnam for 24 months, including the month of
his arrival in, and the month of his departure from Vietnam.  He is
therefore entitled to award of four overseas service bars and to have these
bars added to his DD Form 214.

11.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 31 January 1973; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 30 January 1976.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

___RTD__  ___r____  __DAC__  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 Bronze Star Medal, with oak leaf cluster, from the
applicant's DD Form 214, dated 31 January 1973;

      b.  awarding the applicant the Bronze Star Medal, with two oak leaf
clusters, and with "V" Device, and adding this award to the applicant's DD
Form 214, dated 31 January 1973;

      c.  awarding the applicant the Army Commendation Medal, with two oak
leaf clusters, and with "V" Device, and adding this award to the
applicant's DD Form 214, dated 31 January 1973;

      d.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Meritorious Unit Commendation, with oak
leaf cluster, and adding these unit awards to his DD Form 214;

      e.  adding the already-awarded Republic of Vietnam Staff Service
Medal, 2nd Class, to the applicant's DD Form 214, dated 31 January 1973;

      f.  awarding the applicant four overseas service bars and adding
these bars to his DD Form 214, dated 31 January 1973;

      g.  consolidating all awards and decorations earned by the
applicant over his twenty-year Army career, to include those
specifically cited above, and preparing a single correction document to
show all his awards and decorations as follows:  the Bronze Star Medal,
with two oak leaf clusters, and with "V" Device; the Army Commendation
Medal, with two oak leaf clusters, and with "V" Device; the Good Conduct
Medal (4th Award); the National Defense Service Medal, with oak leaf
cluster; the Vietnam Service Medal, with one silver service star and two
bronze service stars; the Republic of Vietnam Campaign Medal; the
Republic of Vietnam Honor Medal, 2nd Class (an individual award); the
Republic of Vietnam Staff Service Medal, 2nd Class (an individual
award); the Meritorious Unit Commendation, with oak leaf cluster; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the
Combat Infantryman Badge; the Expert Infantryman Badge; the Drill
Sergeant Identification Badge, the Expert Marksmanship Qualification
Badge, with Carbine, Rifle, and with Automatic Rifle Bar; and four
overseas service bars.




                            _____Richard T. Dunbar____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016074                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   189                |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]