RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060001858


      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. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 the Bronze Star Medal and the Silver Star.

2.  The applicant states these awards are missing from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; orders for the Purple
Heart and Silver Star; award certificates for the Purple Heart, the Bronze
Star Medal, and the Silver Star; and an Honorable Discharge Certificate
from the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 June 1968.  The application submitted in this case is dated 30 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 was inducted on 30 August 1966.  He arrived in Vietnam on

12 June 1967.  He served as a light weapons infantryman assigned to Company
A, 1st Battalion, 16th Infantry of the 1st Infantry Division in Vietnam
from
24 June 1967 through 8 June 1968.  On 10 June 1968, the applicant was
released from active duty in the temporary rank of sergeant after
completing
1 year, 9 months, and 11 days of creditable active service with no time
lost.

4.  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 Combat Infantryman Badge, the Purple Heart, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  Headquarters, 1st Infantry Division General Orders Number 588, dated
22 January 1968, show the applicant received the Silver Star for gallantry
in action on 15 November 1967 in Vietnam.


6.  Headquarters, 1st Infantry Division General Orders Number 5287, dated
5 June 1968, show the applicant received the Bronze Star Medal for
meritorious service during the period June 1967 to April 1968.

7.  Headquarters, 1st Infantry Division General Orders Number 5584, dated
18 June 1968, show the applicant received the first award of the Good
Conduct Medal.

8.  Records show the applicant participated in three 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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 21, 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 53, dated 1970.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal, the Silver
Star, and the Good Conduct Medal.

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

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 10 June 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 9 June
1971.  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:

WP_____  __JR____  __KJ____  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 amending his DD Form 214 to add the
Bronze Star Medal, the Silver Star, the Good Conduct Medal, the Vietnam
Service Medal with three bronze service stars, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.




                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001858                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0007                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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