RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017999


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 Good Conduct Medal and the Army
Commendation Medal be added to his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

2.  The applicant states the person preparing the DD Form 214 forgot to put
the awards on it.

3.  The applicant provides a copy of two separate certificates and
citations for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 May 1970.  The application submitted in this case is
dated
30 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.  On 13 October 1967, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed basic combat training (BCT) and advanced
individual training (AIT).  Upon graduation, he was awarded military
occupational specialty (MOS) 76P20, Stock Control and Accounting
Specialist.

4.  He was assigned to Vietnam from 3 September 1968 through 15 May 1970.
His unit of assignment was Headquarters and A Company, 801st Maintenance
Battalion, 101st Airborne Division.

5.  On 17 May 1970, the applicant was honorably released from active duty
and assigned to the U.S. Army Reserve Control Group (Reinforcement).  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Campaign Medal, Vietnam Service Medal, the Bronze Star Medal, the
Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and 3 Overseas
Service Bars.  He was subsequently honorably discharged from the U.S. Army
Reserve Control Group (Standby) on 1 October 1973.

6.  On 22 January 2002, the Military Awards Branch, U.S. Total Army
Personnel Command, Alexandria, Virginia (now known as Human Resources
Command – Alexandria) published orders and issued a DD Form 215 (Correction
to DD Form 214, Certificate of Release or Discharge from Active Duty)
awarding the applicant the Good Conduct Medal.  The authority for the Good
Conduct Medal was Permanent Orders 018-16 dated 19 January 2002.

7.  General Orders Number 3187, dated 9 April 1969, published by
Headquarters, 101st Airborne Division awarded the applicant the Army
Commendation Medal for meritorious achievement for the period 1 October
1968 to 28 February 1969.

8.  General Orders Number 5720, dated 18 May 1970, published by
Headquarters, 101st Airborne Division awarded the applicant the Army
Commendation Medal for meritorious achievement for the period 1 August 1969
to 31 January 1970.

9.  General Orders Number 8637, dated 10 July 1969, published by
Headquarters, 101st Airborne Division awarded the applicant the Bronze Star
Medal for meritorious service for the period 1 October 1968 to 31 May 1969.

10.  General Orders Number 3720, dated 1 April 1970, published by
Headquarters, 101st Airborne Division awarded the applicant the Bronze Star
Medal for meritorious service for the period 1 June 1969 to 31 March 1970.

11.  Headquarters, U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations
and Awards) dated 1 July 1969 indicates in paragraph 2 (5):  "No more than
one meritorious service award will be authorized to an individual for a
normal tour in Republic of Vietnam (RVN).  The normal tour is considered to
be 12 months.  An additional award may be made for those personnel who
extend their tour a minimum of six months".

12.  Army Regulation 600-8-22 (Military Awards), 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 six campaigns -- Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; Tet
69 Counteroffensive, which extended from 23 February through 8 June 1969;
Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969; Vietnam Winter-Spring 1970, which extended from 1 November 1969
through 30 April 1970; and Sanctuary Counteroffensive, which extended from
1 May through 30 June 1970.

13.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that a silver service star is authorized in lieu of five bronze
service stars.

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 show the units to which the applicant
was assigned were awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of
the Army General Orders 43, dated 1970.  The unit was also awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class for the period
18 Mach 1968 to 2 May 1970 by Department of the Army General Orders 48,
dated 1971.  Additionally, the unit was awarded the Meritorious Unit
Commendation twice for the period
1 November 1968 to 31 May 1969 by Department of the Army General Orders 39,
dated 1970 and the period 1 October 1969 to 30 April 1970 by Department of
the Army General Orders 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the Good Conduct Medal on
18 January 2002.  A DD Form 215 was prepared correcting his DD Form 214 to
add this award.  Therefore, no further action is required by this Board to
add this award to his DD Form 214.  The applicant will be furnished another
copy of this prior correction.

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

3.  General Orders show the applicant is entitled to two awards of the
Bronze Star Medal.  It appears that he was authorized these two awards
based on the fact he extended an additional six months in Vietnam meeting
the criteria of the USARV regulation in effect at the time.  Therefore, he
is entitled to a correction of his records to show these two awards on his
DD Form 214.
4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in six campaigns during his assignment in Vietnam which are
not correctly shown by award of six 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 one
silver service star (in lieu of 5 bronze service stars) and one bronze
service star and correction of his DD Form 214 to show these awards.

5.  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 on his DD Form 214.

6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award on the DD Form 214.

7.  General Orders show the applicant is entitled to two awards of the
Meritorious Unit Commendation.  Therefore, he is entitled to a correction
of his records to show these awards on his DD Form 214.

BOARD VOTE:

__clg___  __jbg___  __pmt___  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 and the Bronze Star Medal on
his DD Form 214 of 17 May 1970;

      b.  Adding Vietnam Service Medal with one silver service star and one
bronze service star, the Bronze Star Medal with 1 Oak Leaf Cluster, the
Army Commendation Medal with 1 Oak Leaf Cluster, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal, First Class, Meritorious Unit Commendation with 1 Oak Leaf
Cluster; and

      c.  Furnishing the applicant a copy of the previously awarded
correction pertaining to the Good Conduct Medal.



                                  Curtis Greenway
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017999                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0020                                |
|3.                      |107.0056                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |107.0034                                |


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