RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060001004


      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. Joyce A. Wright.              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Jonathan K. Rost              |     |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 item 24 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized), of his DD Form 214 (Report of Transfer or Discharge), to show
that he was awarded the Silver Star.

2.  The applicant states, in effect, that he received the Silver Star in
1969, while serving in Vietnam and that he has the medal; however, it is
not shown on his DD Form 214.  He also did not receive any of the other
medals listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 19 April 1972
and 16 June 1969, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1972, the date of his discharge.  The application
submitted in this case is dated 13 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’s military records show he was inducted and entered
active duty (AD) on 8 April 1968, as a light weapons infantryman (11B).  He
was promoted to specialist four (SP4/E-4) effective 6 March 1969.  He
continued to serve until he was honorably released from AD on 16 June 1969,
in order to reenlist.

4.  The applicant’s DD Form 214, dated 16 June 1969, shows he was awarded
the National Defense Service Medal, the Vietnam Service Medal, the Combat
Infantryman Badge, the Republic of Vietnam Campaign Medal, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 does
not show any additional awards.


5.  The applicant reenlisted on 17 June 1969, as a heavy vehicle driver
(64B).  He was promoted to specialist five (SP5/E-5) on 10 November 1969.
He served in Vietnam from 4 September 1968 to 30 September 1970 and from
16 September 1971 to 18 April 1972.  He continued to serve until he was
released from AD on 19 April 1972.  He was transferred to the Army Reserve
and was honorably discharged on 1 August 1974.

6.  The applicant’s DD Form 214, dated 19 April 1972, shows he was awarded
the Army Commendation Medal, six Overseas Service Bars, the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), and the
"8,000 MilDvrBdg/w/Bar" (sic) [this entry should appropriately have been
shown as the Driver and Mechanic Badge, with Driver-W Bar.]  His DD Form
214 does not show any additional awards.

7.  Headquarters, 1st Infantry Division General Orders Number 3056, dated
26 April 1969, show that the applicant was awarded the Silver Star, for
gallantry in action while engaged in military operations involving conflict
with an armed hostile force, in the Republic of Vietnam.

8.  Headquarters, 1st Infantry Division General Orders Number 9222, dated
25 August 1969, show that the applicant was awarded the Bronze Star Medal,
for meritorious service, during the period September 1968 to September
1969.

9.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted
Qualification Record), shows the entry "EXC" (Excellent) for his conduct
and efficiency.  There is no evidence of derogatory information contained
in the available records.

10.  Army Regulation 600-8-22, (Military Awards), paragraph 8-28, provides
the basic criteria for the Driver and Mechanic Badges. It states, that the
award is awarded to drivers, mechanics, and special equipment operators to
denote the attainment of a high degree of skill in the operation and
maintenance of motor vehicles.  Associated bars consist of:  a.  Driver - W
(for wheeled vehicles);
b.  Driver - T (for tracked vehicles); c.  Driver - M (for motorcycles); d.
 Driver - A (for amphibious vehicles); e.  Mechanic - (for automotive or
allied vehicles); and f.  Operator - S (for special mechanical equipment).

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.
12.  Army Regulation 600-8-22 shows that while the applicant was assigned
to Vietnam he participated in ten campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
participation in each campaign.  A silver service star is authorized in
lieu of five bronze service stars.

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, by Department of the Army General Orders (DAGO)
Number 53, dated 1970, and the Meritorious Unit Commendation by DAGO Number
24, 1972, while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Silver
Star, for gallantry in action while engaged in military operations
involving conflict with an armored hostile force, in the Republic of
Vietnam, on 26 April 1969.  Therefore, he is entitled to correction of his
records to show this award.

2.  The applicant was awarded the Bronze Star Medal, for meritorious
service during the period September 1968 to September 1969.  Therefore, he
is entitled to correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 8 April 1968 to 7 April 1971 based on completion of a period
of qualifying military service.  Therefore, he is entitled to correction of
his records to show this award.

4.  The applicant participated in ten campaigns and is entitled to two
silver service stars to be affixed to the already-awarded Vietnam Service
Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and the Meritorious
Unit Commendation at the time he was a member of the unit.  Therefore, he
is entitled to correction of his records to show these unit awards.

6.  The Board noted that the applicant's DD Form 214, dated 19 April 1972,
shows he received the "8,000 MilDvrBdg/w/Bar (sic)".  However, this entry
is incorrect and correction is deemed necessary to ensure it is understood
what the applicant was awarded.  Therefore, item 24, of his DD Form 214,
dated 19 April 1972, should be corrected to show the entry, Driver and
Mechanic Badge, with Driver-W Bar, instead of the entry "8,000
MilDvrBdg/w/Bar" that is currently shown.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 18 April 1975.  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:

___DKH_  ___JKR__  __SP ___  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:

      a.  by showing that he was awarded the Silver Star; the Bronze Star
Medal; the Good Conduct Medal, for the period 8 April 1968 to 7 April 1971;
the Vietnam Service Medal, with two silver service stars; the Republic of
Vietnam Civil Actions Honor Medal First Class, Unit Citation; and the
Meritorious Unit Commendation; and

      b.  by correcting the applicant's DD Form 214, dated 19 April 1972,
by showing the applicant was awarded the, Driver and Mechanic Badge, with
Driver-W Bar, as opposed to the "8,000 MilDvrBdg/w/Bar."




                            ____Susan A. Powers________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001004                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720419                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 5                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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