RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060001444


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 his DD Form 214
(Report of Transfer or Discharge) to show award of the Bronze Star Medal
with “V” Device and the Bronze Star Medal with First Oak Leaf Cluster.

2.  The applicant states his last name is misspelled and the fifth digit of
his service number is incorrect on the orders for the Bronze Star Medal
with “V” Device.

3.  The applicant provides a copy of his DD Form 214; orders for the Bronze
Star Medal with “V” Device; and a citation for the Bronze Star Medal with
First Oak Leaf Cluster for meritorious service during the period February
1969 to July 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 March 1970.  The application submitted in this case is dated 12 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 award of the
Bronze Star Medal with First Oak Leaf Cluster.  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 award of the Bronze Star Medal with First Oak Leaf Cluster 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 induction record and all available service personnel
records show his last name is ----a--- and the fifth digit of his service
number is “9.”  He was inducted on 27 May 1968.  He arrived in Vietnam on
23 October 1968.  He served as a light weapons infantryman assigned to
Company C, 2nd Battalion, 39th Infantry of the 9th Infantry Division in
Vietnam from 2 November 1968 through 31 August 1969.  On 17 March 1970, the
applicant was released from active duty in the rank of specialist four
after completing 1 year, 11 months, and 21 days of creditable active
service with no time lost.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Purple Heart, the Air Medal, the Combat Infantryman Badge,
and the Bronze Star Medal as authorized awards.

6.  Headquarters, 9th Infantry Division General Orders Number 3958, dated
3 April 1969, show the applicant received the Bronze Star Medal with “V”
Device for heroism on 12 February 1969 in Vietnam.  These orders show the
applicant’s last name as ----i--- and the fifth digit of his service number
is “5.”

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

9.  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 is entitled
to one award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation (1 July 1968 to 13 November 1968) based on Department of the Army
General Orders Number 31, dated 1969, and one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (January 1969 to June 1969)
based on Department of the Army General Orders Number 59, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit 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 59, dated 1969.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  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 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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

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.

13.  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.  The applicant’s DD Form 214 shows one award of the Bronze Star Medal.
However, orders show he received the Bronze Star Medal with “V” Device.

2.  The portion pertaining to the applicant on Headquarters, 9th Infantry
Division General Orders Number 3958, dated 3 April 1969, incorrectly shows
his last name and service number.  His last name is ----a--- and the fifth
digit of his service number should be corrected to show “9” on these
orders.

3.  The applicant was separated in the rank of specialist four with 23
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 27 May 1968 through 17 March 1970
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

5.  The applicant’s unit was awarded two 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 two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's unit received 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 17 March 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 16 March
1973.  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:

JA______  _DD____  _JH_____  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.  awarding him the first award of the Good Conduct Medal for the
period 27 May 1968 through 17 March 1970;

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Bronze Star Medal with “V” Device, the Vietnam
Service Medal with four bronze service stars, two 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





      c.  correcting the applicant’s last name to show ----a--- and
correcting the fifth digit of his service number to show “9” on
Headquarters, 9th Infantry Division General Orders Number 3958, dated 3
April 1969.



                            ___James Anderholm____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001444                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|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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