RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20050017594


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 that the Bronze Star Medal be added to his
discharge document.

2.  The applicant states that the Bronze Star Medal was not documented on
his discharge document.

3.  The applicant provides a copy of a HQ5ALFAG-PW Form 496 (Fifth US Army
Record of Presentation of Award) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 May 1970, the date of his separation from active duty.
 The application submitted in this case is dated 8 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.  The applicant's records show that he was inducted in the Army of the
United States on 20 August 1968.  He completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B40 (Light Weapons Infantryman).

4.  The applicant served in the Republic of Vietnam during the period
28 August 1969 through 12 August 1970.  Records show that the applicant was
awarded the Combat Infantryman Badge.

5.  The applicant was honorably released from active duty on 28 May 1970
and transferred to the USAR Control Group (Annual Training).

6.  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.
7.  The applicant submitted a copy of the "Fifth US Army Record of
Presentation of Award", dated 11 January 1971.  This form shows that the
applicant was awarded the Bronze Star Medal and that the Bronze Star Medal
was mailed to him on 20 January 1971.  This form was identified as the copy
for The Adjutant General.  This form was also in the applicant's official
military service records.

8.  There are no orders in the available records which awarded the
applicant the Bronze Star Medal.

9.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

11.  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 he participated in the
Vietnam Summer-Fall 1969, Vietnam Winter-Spring, DA Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his
discharge document to show award of the Bronze Star Medal.

2.  Evidence of record shows that the applicant was presented the Bronze
Star Medal by US Mail on 20 January 1971 which is several months after he
was transferred to the USAR on 28 May 1970.

3.  Although there are no orders in the available records which show that
the applicant was awarded the Bronze Star Medal, the evidence provided is
sufficient to grant the relief requested.  Therefore, the applicant's
records should be amended to show that he was awarded the Bronze Star
Medal.
4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, he is entitled to correction of
his record to show this award.

5.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore, he is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 May 1973.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the facts in this case.

BOARD VOTE:

__QAS__  _LMB____  _ALR___  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 showing that he was awarded the Bronze
Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and four bronze service stars to be affixed to the Vietnam
Service Medal.




                                _Allen L. Raub_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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