RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000825


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show a third award of the Bronze Star Medal and
two additional awards of the Army Commendation Medal (a total of four
awards).  He also requests all awards and decorations to which he may be
entitled.

2.  The applicant states he has orders for the three awards of the Bronze
Star Medal and his DD Form 214 only shows two awards.  He contends that he
has orders for four awards of the Army Commendation Medal and his DD Form
214 only shows two awards.  He also states that the third digit of his
Social Security Number (SSN) on the orders for the Army Commendation Medal
with “V” Device and the Bronze Star Medal show “1” and should be corrected
to show “0.”

3.  The applicant provides a copy of his DD Form 214; orders for two awards
of the Bronze Star Medal; a citation for an award of the Bronze Star Medal;
and orders for four awards of the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
22 October 1971.  The application submitted in this case is dated 10
January 2006.

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 requested correction of his records to show a third award
of the Bronze Star Medal.  There are no orders or other evidence
authorizing this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request a third
award of the Bronze Star Medal under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.


4.  The applicant’s DD Form 398 (Statement of Personal History), dated
30 January 1969, shows the third digit of his SSN is “0.”  He enlisted on
31 January 1969 for a period of 3 years.  He arrived in Vietnam on 19 March
1970.  He served as a field artillery operator assigned to Battery A, 7th
Battalion, 11th Artillery of the 25th Infantry Division in Vietnam from 28
March 1970 through 12 November 1970.  He was assigned to Headquarters and
Service Battery, 2nd Battalion, 19th Artillery of the 1st Cavalry Division
in Vietnam from 13 November 1970 through 19 March 1971.  He was assigned to
Battery D, 1st Battalion,
21st Artillery of the 1st Cavalry Division in Vietnam from 30 March 1971
through 22 October 1971.  On 22 October 1971, the applicant was released
from active duty.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Army Commendation Medal with
“V”
Device with First Oak Leaf Cluster, the Good Conduct Medal, the Bronze Star
Medal with First Oak Leaf Cluster, and the Air Medal as authorized awards.

6.  Headquarters, 25th Infantry Division General Orders Number 5377, dated
23 May 1970, show the applicant received the Army Commendation Medal with
“V” Device for heroism on 26 April 1970 in Vietnam.  These orders show the
third digit of his SSN is “1.”

7.  Headquarters, 25th Infantry Division General Orders Number 9650, dated
18 September 1970, show the applicant received the Army Commendation Medal
with First Oak Leaf Cluster for meritorious achievement during the period 1
July 1970 to 31 August 1970.

8.  Headquarters, 25th Infantry Division General Orders Number 10444, dated

23 October 1970, show the applicant received the Bronze Star Medal.  These
orders show the third digit of his SSN is “1.”

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
295, dated 7 January 1971, show the applicant received the Army
Commendation Medal for meritorious service during the period March 1970 to
March 1971.

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
4611, dated 3 March 1971, show the applicant received the Army Commendation
Medal with First Oak Leaf Cluster for meritorious achievement during the
period 15 December 1970 to 12 February 1971.

11.  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 applicant's unit (7th
Battalion, 11th Artillery) received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 5, dated 1973; his unit
(2nd Battalion, 19th Artillery) received one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on Department of the
Army General Orders Number 42, dated 1972; and his unit (1st Battalion,
21st Artillery) received one award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 54, dated 1974.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (7th Battalion, 11th Artillery) is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 51, dated 1971.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received four awards of the Army Commendation
Medal, one award for valor.  Orders correctly show he received the Army
Commendation Medal with “V” Device and the Army Commendation Medal with
First Oak Leaf Cluster (Headquarters, 25th Infantry Division General Orders
Number 9650, dated 18 September 1970).

2.  However, Headquarters, 1st Cavalry Division (Airmobile) General Orders
Number 295, dated 7 January 1971, which show the applicant received the
Army Commendation Medal for meritorious service during the period March
1970 to March 1971, are incorrect and should be corrected to show the Army
Commendation Medal with Second Oak Leaf Cluster.

3.  Also, Headquarters, 1st Cavalry Division (Airmobile) General Orders
Number 4611, dated 3 March 1971, which show the applicant received the Army
Commendation Medal with First Oak Leaf Cluster for meritorious achievement
during the period 15 December 1970 to 12 February 1971, are incorrect and
should be corrected to show the Army Commendation Medal with Third Oak Leaf
Cluster.  In addition, the applicant’s DD Form 214 should be corrected to
show the Army Commendation Medal with “V” Device with Third Oak Leaf
Cluster.

4.  Evidence of record shows the third digit of the applicant's SSN is "0."
 Therefore, the third digit of his SSN should be corrected on Headquarters,

25th Infantry Division General Orders Number 5377, dated 23 May 1970, and
on Headquarters, 25th Infantry Division General Orders Number 10444, dated
23 October 1970.

5.  The applicant's units were awarded three awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to
wear one of those awards.  However, his DD Form 214 should be corrected to
show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

6.  The applicant’s unit (7th Battalion, 11th Artillery) was cited for the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 22 October 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 21
October 1974.  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:

CG______  _JG_____  _PT_____  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  amending Headquarters, 1st Cavalry Division (Airmobile) General
Orders Number 295, dated 7 January 1971, to show the applicant  received
the Army Commendation Medal with Second Oak Leaf Cluster;
      b.  amending Headquarters, 1st Cavalry Division (Airmobile) General
Orders Number 4611, dated 3 March 1971, to show the applicant  received the
Army Commendation Medal with Third Oak Leaf Cluster;

      c.  amending his DD Form 214 to show that he was awarded the Army
Commendation Medal with “V” Device with Third Oak Leaf Cluster, three
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and

      d.  amending the third digit of his SSN to show “0” on Headquarters,
25th Infantry Division General Orders Number 5377, dated 23 May 1970, and
on Headquarters, 25th Infantry Division General Orders Number 10444, dated
23 October 1970.



                            ___Curtis Greenway____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000825                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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