RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050018231


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the award of
the Bronze Star Medal (BSM).

2.  The applicant states he received the Bronze Star Medal while in
Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a copy of the BSM
certificate awarding him the BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 October 1969.  The application submitted in this case
is dated
14 December 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 on 24 October 1967.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11C10 (Indirect Fire
Infantryman).  The applicant was assigned to Troop B, 2/17th Cavalry, 101st
Airborne Division while in the Republic of Vietnam during the period
10 April 1968 through 9 April 1969.  He was honorably separated from active
duty on 23 October 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show
the award of the BSM.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show award of the BSM.


6.  The applicant provided a copy of the Bronze Star Medal certificate
awarding him the BSM for meritorious achievement in ground operations
against hostile forces during the period 1 July 1968 to 28 February 1969.

7.  Headquarters, 101st Airborne Division General Orders Number 2275, dated

13 March 1969, shows the applicant was awarded the Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded in time of war for heroism and for
meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

9.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

10.  Headquarters, United States Army Garrison Troop Command, Fort Bragg,
North Carolina General Orders Number 36, dated 3 October 1969, shows the
applicant was awarded the Good Conduct Medal (First Award).

11.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after
27 August 1940, for first award only, 1 year served entirely during the
period
7 December 1941 to 2 March 1946 and, for the first award only, upon
termination of service on or after 27 June 1950 of less than 3 years but
more than 1 year.  At the time, a Soldier's conduct and efficiency ratings
must have been rated as "excellent" for the entire period of qualifying
service and there must have been no convictions by court-martial.

12.  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, Troop B, 2/17th Cavalry, was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation based on Department of
the Army General Orders Number 211, dated 1969.

13.  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.  The applicant's records indicate he
participated in the Vietnam Counteroffensive, Phase IV, V, VI and the TET
69 Counteroffensive.
14.  Appendix B of Army Regulation 600-8-22 shows 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 award of the Bronze Star
Medal.

2.  General Orders show the applicant was awarded the Bronze Star Medal and
the Good Conduct Medal.  Therefore, he is entitled to correction of his
records to show these two awards.

3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 October 1972.  Although the applicant did not file within the ABCMR's
statue of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

__kan___  __cvm___  __ym____  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 award of the Bronze Star
Medal, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and four bronze service stars for wear on his already-
awarded Vietnam Service Medal.



                             Kathleen A. Newman
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018231                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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