RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060004988


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 (Armed
Forces of the United States Report of Transfer or Discharge) to show award
of the Bronze Star Medal with "V" Device and award of the Combat
Infantryman Badge.

2.  The applicant states, in effect, that his separation document should be
corrected to accurately reflect his overall combat service.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 February 1971, the date of his release from active duty.
The application submitted in this case is dated 21 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 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 into the Army on 4 March 1969.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Infantryman).  He served in the
Republic of Vietnam during the period 16 March 1970 through 15 March 1971.
The applicant was honorably released from active duty on 20 February 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the
Bronze Star Medal.



5.  Headquarters, 1st Cavalry Division General Orders Number 21883, dated
18 December 1970, awarded the applicant the Bronze Star Medal for
meritorious service in connection with ground operations against a hostile
enemy force in the Republic of Vietnam during the period February 1970
through February 1971.

6.  There are no orders and the applicant did not provide any documentation
that shows he was awarded the Bronze Star Medal with "V" device.

7.  Headquarters, 1st Cavalry Division Special Orders Number 38 Extract,
dated 7 February 1971, awarded the applicant the Combat Infantryman Badge.

8.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 1st Cavalry Division General Orders Number 21677, dated
16 December 1970, awarded the applicant the Air Medal for meritorious
achievement while participating in aerial flight in the Republic of Vietnam
during the period February through December 1970.

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20
(Enlisted Qualification Record) shows that during his service in the
Republic of Vietnam, he was assigned to the7th Support Battalion of the
199th Light Infantry Brigade during the period 19 March 1970 through 7
September 1970 and with the 5th Battalion, 12th Infantry of the 1st Cavalry
Division during the period 8 September 1970 through 15 March 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to 7th Support Battalion of the 199th Light Infantry Brigade,
the unit was cited for award of the Meritorious Unit Citation by Department
of the Army General Orders Number 50, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to 7th Support Battalion of the 199th Light Infantry
Brigade, the unit was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation based on Department of the Army
General Orders Number 51, dated 1971.



13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Winter – Spring 1970, Sanctuary Counteroffensive, and the Vietnam
Counteroffensive Phase VII campaigns.

14.  Army Regulation 600-8-22, 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.  The applicant requests award of the Bronze Star Medal with "V" device
and award of the Combat Infantryman Badge.

2.  Orders awarded the applicant the Bronze Star Medal.  There is no
evidence and the applicant did not submit any evidence to show he was
awarded the Bronze Star Medal with "V" device.  Therefore, there is no
basis to correct his records to show award of the Bronze Star Medal with
"V" device.

3.  Orders show the applicant was awarded the Combat Infantryman Badge.
Therefore, he is entitled to correction of his records to show award of
this badge.

4.  Orders show the applicant was awarded the Air Medal.  Therefore, he is
entitled to correction of his records to show award of the Air Medal.

5.  During the applicant's assignment with the 7th Support Battalion of the
199th Light Infantry Brigade, the unit was cited for award of the
Meritorious 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.  Therefore, he is entitled to correction of his
records to show these awards.

6.  Records show that the applicant was awarded the Vietnam Service Medal.
However, his DD Form 214 does not show any bronze service stars indicating
campaign credit.  His records indicate he participated in the Vietnam
Winter–Spring 1970, Sanctuary Counteroffensive, and the Vietnam
Counteroffensive Phase VII campaigns.  Therefore, he is entitled to
correction of his DD Form 214 to show three bronze service stars affixed to
his Vietnam Service Medal.


7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 February 1974.  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

__JMM___  _PMS__  __KAN__  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 showing award of the
Combat Infantryman Badge, the Air Medal, the Meritorious Unit Citation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three
bronze service stars to be affixed to his already-awarded Vietnam Service
Medal.

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 Bronze Star Medal with "V" device.




                              __Kathleen A. Newman__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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