RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      3 October 2006
      DOCKET NUMBER:  AR20060004318


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 he be awarded four bronze
service stars to be affixed to his already-awarded Vietnam Service Medal;
that he be awarded the Combat Artilleryman Badge; and that he be awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and that
these awards 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 he did not know he was entitled
to have these awards shown on his DD Form 214 until he was informed by his
VA [Department of Veterans Affairs] Services Officer.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a list of campaigns, with dates, for the 7th Battalion, 15th
Field Artillery; and an extract from DA Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, showing the awards his unit was
awarded while he was a member of the unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 5 April 1969, the date of his release from active duty.  The
application submitted in this case is dated 8 August 2005, but was received
for processing on 23 March 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 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 he was inducted into the Army of the
United States on 12 April 1967.  He completed basic combat training at Fort
Lewis, Washington, and his advanced individual training at Fort Sill,
Oklahoma.  The applicant was assigned to the Artillery Branch throughout
his time in the Army.
4.  The applicant served in Vietnam from 31 May 1968 through 2 April 1969,
with Headquarters Battery, 7th Battalion, 15th Artillery Regiment.

5.  The applicant was honorably released from active duty, on 5 April
1969, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Four/E-4.  On the date he was released from active duty, he had completed
1 year, 11 months, and 24 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 National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; and the Expert
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].  The Combat
Artilleryman Badge and the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation are not shown on the applicant's DD Form 214.  The Vietnam
Service Medal is shown; however, the bronze service stars the applicant is
requesting are not.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Combat Artilleryman
Badge and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and four bronze service stars to be affixed to his Vietnam
Service Medal.

8.  There are no orders in the applicant's military personnel records
awarding him the Combat Artilleryman Badge and the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.

9.  The applicant was awarded the Good Conduct Medal for the period 12
April 1967 to DOSOA (date of separation on or about) 4 April 1969, by
General Orders Number 3, Headquarters, 7th Battalion, 15th Field Artillery,
dated 15 March 1969.

10.  As shown in the applicable paragraphs above, the applicant's DD Form
214 shows entitlement to the Vietnam Service Medal; however, it does not
show the bronze service stars to which the applicant is entitled for his
campaign participation.

11.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  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.

12.  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 the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 1 August 1965 through 16
April 1971, by Department of the Army General Order (DAGO) Number 54,
dated 1974.  The applicant was assigned to this unit at the time the unit
was cited for this unit award.  This unit citation does not appear on his
DD Form 214.

13.  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.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Automatic Rifle Bar [M-16 Automatic Rifle] in Special Orders
Number 16, Paragraph 1, published by Headquarters, US Army Electronics
Command Meteorological Support Activity, Fort Huachuca, Arizona, on 15
April 1968.

15.  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.

16.  A review of AR 600-8-22, which governs the Army Awards Program, was
conducted to determine the existence of the Combat Artilleryman Badge.  The
search failed to identify such an award.  During the period of the
applicant's service, there were a myriad of badges available to be earned
and awarded to Soldiers, the most common being the Combat Infantryman Badge
and the Combat Medical Badge.  However, the applicant does not meet the
basic criteria for award of these badges and therefore, he is not entitled
to these badges.
17.  On 2 May 2005, the Chief of Staff of the Army approved creation of the
Combat Action Badge to provide special recognition to soldiers who
personally engage in or are engaged by the enemy.  The Combat Action Badge
may be awarded by any commander delegated authority by the Secretary of the
Army during wartime or the Commanding General, US Army Human Resources
Command and will be announced in permanent orders.

18.  Requirements for award of the Combat Action Badge are Branch and MOS
(military occupational specialty) immaterial.  Assignment to a combat arms
unit or a unit organized to conduct close or offensive combat operations,
or performing offensive combat operations is not required to qualify for
the Combat Action Badge.  However, it is not intended to be awarded to all
soldiers who serve in a combat zone or imminent danger area.  Any Soldier
may be awarded the Combat Action Badge but they must meet specific
eligibility requirements as follows:  the Soldier must be performing
assigned duties in an area where hostile fire pay or imminent danger pay
is authorized; the Soldier must be personally present and actively
engaging or being engaged by the enemy, and performing satisfactorily in
accordance with the prescribed rules of engagement; but the Soldier must
not be assigned or attached to a unit that would qualify the Soldier for
the Combat Infantryman Badge or the Combat Medical Badge.  The Combat
Action Badge may be awarded to members from the other U.S. Armed Forces
and foreign Soldiers assigned to a U.S. Army unit, provided they meet the
above criteria.

19.  Award of the Combat Action Badge is authorized from 18 September 2001
to a date to be determined.  Retroactive awards of the Combat Action Badge
are not authorized prior to 18 September 2001.  Award for qualifying
service in any previous conflict is also not authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of the Combat Artilleryman Badge.  This
badge is not a part of the Army's Awards and Decorations Program and
therefore, he is not entitled to have this badge awarded to him and to have
it added to his DD Form 214.

2.  On 2 May 2005, the Chief of Staff of the Army approved creation of the
Combat Action Badge to provide special recognition to soldiers who
personally engage in or are engaged by the enemy.  This badge is available
for award to Soldiers who hold an artillery MOS; however, this badge is not
authorized to be retroactively awarded to a date before 18 September 2001;
therefore, the applicant is not entitled to this award and to have it added
to his DD Form 214.

3.  The applicant was awarded the Good Conduct Medal for the period 12
April 1967 to DOSOA (date of separation on or about) 4 April 1969, by
appropriate general orders.  He is therefore entitled to have this award
added to his DD Form 214.

4.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, and to have this award correctly shown on his DD Form
214.

5.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is
therefore entitled to this unit award and to have it added to his DD Form
214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KLW__  _SJS ___  _TMR ___  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 four
bronze service stars, and adding this award to his DD Form 214;

      c.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and
      d.  adding the already-awarded Good Conduct Medal, which was awarded
for the period 12 April 1967 to date of separation on or about 4 April
1969, 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
award of the Combat Artilleryman Badge to the applicant and its addition to
his DD Form 214.




                            ___     Kenneth L. Wright________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004318                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  140                 |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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