RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060002805


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that the Bronze Star Medal, with oak
leaf cluster, and with "V" Device; the Air Medal; and the Combat
Infantryman Badge, that he received in Vietnam, be added to his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards were omitted from
his DD Form 214 when he was released from active duty.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, a copy of the general orders and an awards certificate for the
Bronze Star Medal, with "V" Device; a copy of a citation for the Bronze
Star Medal, first oak leaf cluster; two copies of general orders which
awarded him the Air Medal for meritorious achievement; a copy of
correspondence, dated 4 October 2004, addressed to him from the National
Personnel Records Center; and a letter, dated 9 November 2004, addressed
to him from the Army Review Boards Agency Support Division, St. Louis,
Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 14 May 1969, the date of his release from active duty.  The
application submitted in this case is dated 13 February 2006.  [The
applicant submitted an earlier application; however, at the time, his
records were on loan to another agency and, based on the unavailability of
supporting documents his case was closed without further action.]

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 limitation 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 into the Army of the
United States on 11 October 1967.  He completed basic combat training at
Fort Bliss, Texas, and his advanced individual training at Fort Polk,
Louisiana.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 25 March 1968 through 11 May 1969,
with Company A, 2nd Battalion (Airborne), 501st Infantry Regiment, 101st
Airborne Division.

5.  The applicant was honorably released from active duty, on 14 May 1969,
under the provisions of Army Regulation (AR) 635-200, early release of
overseas returnee.  He was separated in the rank/pay grade, Sergeant /E-5.
On the date he was released from active duty, he had completed 1 year, 7
months, and 4 days active military service, with no days lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the Army Commendation Medal; the Purple Heart; the
National Defense Service Medal; the Vietnam Service Medal; and the Republic
of Vietnam Campaign Medal.  The Bronze Star Medal, with oak leaf cluster,
and with "V" Device; the Air Medal; and the Combat Infantryman Badge, are
not shown on the applicant's DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Bronze Star Medal, with
oak leaf cluster, and with "V" Device; the Air Medal; and the Combat
Infantryman Badge.

8.  Despite the above, the applicant provided:

      a.  a copy of General Orders Number 1036, published by Headquarters,
101st Airborne Division, on 31 January 1969, and the accompanying award
certificate, which awards him the Bronze Star Medal, with "V" Device, for
heroism in ground combat against a hostile force on 23 October 1969;


      b.  a copy of an award citation for the Bronze Star Medal (First Oak
Leaf Cluster) awarded to him for the period 1 August 1968 to 31 March 1969,
for outstanding meritorious service;


      c.  a copy of General Orders Number 4502, published by Headquarters,
101st Airborne Division, on 12 May 1969, which awards him the Air Medal for
meritorious achievement on 21 April 1968; and


      d.  a copy of General Orders Number 7863, published by Headquarters,
101st Airborne Division, on 29 June 1969, which awards him the Air Medal
for meritorious achievement on 21 April 1968.  [This is a duplicate set of
general orders for the same award as it appears in subparagraph c. above.]

9.  A search of the US Army Human Resources Command's Awards and
Decorations Computer Assisted Retrieval System (ADCARS) was conducted for
general orders awarding the applicant the Bronze Star Medal (First Oak Leaf
Cluster).  General orders were not found.

10.  The applicant held and performed the duties related to the infantry
MOS, 11B.  He served in active ground combat while assigned or attached to
an infantry unit of brigade, regimental, or smaller size, as evidenced by
the narrative in the orders that awarded him the Bronze Star Medal, with
"V" Device.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Presidential Unit Citation, for
the period 10 through 21 May 1969, by Department of the Army General Order
(DAGO) Number 16, dated 1972; the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 15 August 1968 through 14 May 1969 by
DAGO 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, for the period 18 March 1968 through 2 May
1970, by DAGO 48, dated 1971.  The applicant was assigned to this unit at
the time the unit was cited for these unit awards.

14.  While in Vietnam, the applicant participated in the following five
campaigns of the Vietnam War:  the Tet Counteroffensive, which extended
from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase
IV, which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.
15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 102, Special Orders 305,
published by Headquarters, US Army Training Center (AD), Fort Bliss, Texas,
on 6 December 1967.

16.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 162, Special
Orders 022, published by Headquarters, US Army Training Center, Infantry
and Fort Polk, Fort Polk, Louisiana, on 25 January 1968.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Machinegun Bar, [M-60 Machinegun], in paragraph 112, Special Orders
026, published by Headquarters, US Army Training Center, Infantry and Fort
Polk, Fort Polk, on 30 January 1968.

18.  AR 672-5-1, in effect at the time of the applicant's separation
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.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

19.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

20.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel who have an infantry MOS.  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.
The Awards Branch of the Total Army Personnel Command [now the Human
Resources Command] has advised, in similar cases, that during the Vietnam
era the Combat Infantryman Badge was awarded only to enlisted individuals
who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

22.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

23.  AR 600-8-22, paragraph 1-18, states, "Only one decoration will be
awarded to an individual for the same act, achievement, or period of
meritorious service."

DISCUSSION AND CONCLUSIONS:

1.  For award of the Combat Infantryman Badge, a Soldier must have an
infantry MOS and he must have served in active ground combat while assigned
or attached to an infantry unit of brigade, regimental, or smaller size.

2.  The evidence shows the applicant held an infantry MOS, he was
assigned to an infantry unit of company-size, he served in active ground
combat while assigned or attached to this infantry unit as evidenced by
his having been awarded the Purple Heart and the Bronze Star Medal, with
"V" Device.  Based on the evidence, the applicant is entitled to award of
the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant provided general orders showing he was awarded the Bronze
Star Medal, with "V" Device, for heroism in connection with military
operations against a hostile force on 23 October 1969.  The applicant also
provided a
citation awarding him the Bronze Star Medal (First Oak Leaf Cluster), for
outstanding meritorious service for the period 1 August 1968 to 31 March
1969.

4.  The Board noted that the period for award of the Bronze Star Medal
(First Oak Leaf Cluster) terminated before orders were published awarding
the applicant the Bronze Star Medal, with "V" Device.

5.  A search of the ADCARS data base was conducted.  General orders for
award of the Bronze Star Medal, (First Oak Leaf Cluster) were not found.
Other general orders which awarded the applicant a Bronze Star Medal, for a
period or a date earlier than 31 March 1969, were also not found.

6.  Absent general orders which correspond to the citation and the period
shown on the citation, which the applicant provided in support of his
request, he is not entitled to have the Bronze Star Medal (First Oak Leaf
Cluster) added to his DD Form 214.

7.  The applicant submitted two general orders awarding him the Air Medal
for action on the same date, 21 April 1968.  The Army awards regulation
authorizes only one decoration to be awarded to an individual for the same
act, achievement, or period of meritorious service; therefore, only one Air
Medal for this date will be added to the applicant's DD Form 214.

8.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
the applicant did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 11 October 1967
through 14 May 1969.

9.  The applicant served in five campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with one
silver service star and to have this award added to his DD Form 214.

10.  The applicant served in a unit, which was awarded the Presidential
Unit Citation, 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 a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

11.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar; the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge, with
Automatic Rifle Bar.  These qualification badges do not appear on his DD
Form 214.  He is entitled to have these badges shown on his DD Form 214.

12.  The applicant served in Vietnam for 15 months, including the month of
his arrival in Vietnam and the month of his departure from Vietnam.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

13.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 May 1972.  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:

________  ________  ________  GRANT FULL RELIEF

__ALR__  __LB____  __QAS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
service star; the Good Conduct Medal, for the period 11 October 1967
through 14 May 1969; the Combat Infantryman Badge; and two overseas service
bars, and adding these awards to the applicant's DD Form 214;

      c.  awarding the applicant; the Presidential Unit Citation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
and adding these unit awards to his DD Form 214; and

      d.  adding the already-awarded Bronze Star Medal, with "V" Device;
the Air Medal; and the Expert Marksmanship Qualification Badge, with
Machinegun Bar; and the Sharpshooter Marksmanship Qualification Badge, with
Rifle and Automatic Rifle Bar, to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
addition of the Bronze Star Medal, (First Oak Leaf Cluster), to the
applicant's DD Form 214.




                            ___    _Allen L. Raub ______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002805                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  60                  |107.0014                                |
|3.  64                  |107.0018                                |
|4.  157                 |107.0111                                |
|5.                      |                                        |
|6.                      |                                        |


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