RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050017373


      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:

|     |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, correction of his records to show
that he received two awards of the Bronze Star Medal.

2.  The applicant states, in effect, that at the time of his separation
processing he was told that he had received two awards of the Bronze Star
Medal for his service in Vietnam.  He also states, in effect, that he was
given two Bronze Star Medal Certificates and Citations that were the same
and was told that the orders for the second award had not yet been
published, but would be mailed to him along with the certificate, citation,
and medal set.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
11 April 1969; Headquarters, 101st Airborne Division (Vietnam), General
Orders Number 2433, dated 18 March 1969; two copies of The Bronze Star
Medal Certificate, dated 18 March 1969; a copy of The Bronze Star Medal
Citation; and a xerox copy of his Bronze Star Medal medal set.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 April 1969, the date of his release from active duty.  The
two applications submitted in this case are both dated 27 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 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.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

4.  The applicant requests a second award of the Bronze Star Medal.
However, there are no orders or other evidence on file in his Official
Military Personnel File (OMPF) that confirm his entitlement to a second
award of the Bronze Star Medal. In the absence of authority for this award,
the applicant may request award of a second Bronze Star Medal under the
provisions of 10 USC 1130.  The applicant has been notified by separate
correspondence of the procedures for applying for the award under 10 USC
1130.  As a result, the award will not be discussed further in this Record
of Proceedings.

5.  The applicant's military service records show that he was inducted into
the U.S. Army on 7 September 1967.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 13E (Fire Direction Controller).

6.  The applicant's military service records show that he was assigned to
Battery C, 2nd Battalion (Airborne), 320th Artillery, 101st Airborne
Division in Vietnam, from 21 April 1968 through 7 April 1969.  He was
honorably separated from the U.S. Army on 11 April 1969 after serving on
active duty for 1 year, 7 months, and
5 days.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 10
April 1968 through 9 April 1969.  Item 39 (Campaigns) of this document
shows that he participated in one unnamed campaign.  Item 41 (Awards and
Decorations) shows that he was awarded the Army Commendation Medal,
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal with "1960" device, Expert Marksmanship Qualification Badge
with Rifle Bar, and Marksman Marksmanship Qualification Badge with
Automatic Rifle Bar.

8.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Army
Commendation Medal, National Defense Service Medal, Vietnam Service Medal,
and Republic of Vietnam Campaign Medal.

9.  In support of his application, the applicant provides his DD Form 214,
Headquarters, 101st Airborne Division (Vietnam), General Orders Number
2433, dated 18 March 1969; two copies of The Bronze Star Medal Certificate,
dated
18 March 1969; a copy of The Bronze Star Medal Citation; and a xerox copy
of his Bronze Star Medal medal set.  The General Orders, two Bronze Star
Medal Certificates, and Bronze Star Medal Citation all show, in pertinent
part, that the applicant was awarded the Bronze Star Medal for outstanding
meritorious service in connection with ground operations against a hostile
force in the Republic of Vietnam during the period 1 July 1968 to 28
February 1969.  However, one of the Bronze Star Medal Certificates contains
a typographic error regarding the applicant's name in that his last name
and suffix designator are joined together.

10.  United States Army Vietnam Regulation 672-1 (Military Awards) governed
the military awards program in Vietnam during the Vietnam War.  This
regulation states that the Bronze Star Medal may have been awarded for
heroism, meritorious achievement or service which did not involve aerial
flight, but which was performed in connection with military operations
against an armed enemy including combat, support, and supply operations.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 1-18, states
that only one decoration will be awarded to an individual for the same act,
achievement, or period of meritorious service (emphasis added).

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

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

14.  Appendix B of Army Regulation 600-8-22 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, and TET 1969
Counteroffensive; a total of four campaigns.

15.  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 that at the time of the
applicant's assignment to Battery C, 2nd Battalion, 320th Artillery
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 51 (1971).  This document also shows that at the time of the
applicant's assignment the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 48 (1971).

16.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Fort Bragg, North Carolina, Special Orders Number 293,
dated
20 October 1967, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.

17.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Field Artillery, Fort Sill, Oklahoma, Special Orders
Number 57, dated
6 March 1968, which shows that he was awarded the Marksman Marksmanship
Qualification Badge with Automatic Rifle Bar.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

19.  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.

20.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

21.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was
awarded by the Vietnamese government as a unit award for meritorious
service.
22.  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.

23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas 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 for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  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 month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to correction of
his records to show award of the Bronze Star Medal because he was presented
with the Bronze Star Medal Certificate, Bronze Star Medal Citation, Bronze
Star Medal medal set, and General Orders awarding him the Bronze Star
Medal.

2.  The evidence of record shows that the applicant was awarded the Bronze
Star Medal for outstanding meritorious service in connection with military
operations against a hostile force in the Republic of Vietnam during the
period
1 July 1968 to 28 February 1969.  The two Bronze Star Medal Certificates,
Bronze Star Medal Citation, and General Orders for the Bronze Star Medal
(that the applicant provides) all relate to an award of the Bronze Star
Medal for the period 1 July 1968 to 28 February 1969.  In addition, it is
noted that one of the Bronze Star Medal Certificates contains a typographic
error regarding the applicant's name in that his last name and suffix
designator are joined together.  Consequently, it is reasonable to presume
that the award issuing authority took appropriate action and issued a
"corrected" Bronze Star Medal Certificate to the applicant to replace the
certificate with the typographic error.  Together these documents provide
evidence that the applicant was awarded the Bronze Star Medal for
meritorious service during the period 1 July 1968 to 28 February 1969.
Therefore, the applicant is entitled to correction of his records to show
award of the Bronze Star Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 7 September 1967 through 11 April 1969 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

4.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

7.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification
Badge with Automatic Rifle Bar.  Therefore, it would be appropriate to
correct his records to show these two badges.

8.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on11 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 April 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Bronze Star Medal.

BOARD VOTE:

__RTD___  __DAC__  __RMN__  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 the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 7 September 1967
through
11 April 1969;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      c.  correcting his DD Form 214 to add the Bronze Star Medal, Good
Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship
Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification
Badge with Automatic Rifle Bar, and 2 Overseas Service Bars.




                            ____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017373                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690411                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee-Released from Active  |
|                        |Duty                                    |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107..0056.0000                          |
|3.                      |107.0073.0000                           |
|4.                      |107.0094.0000                           |
|5.                      |107.0095.0000                           |
|6.                      |107.0108.0000                           |


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