RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060005828


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) reflect his award of the Bronze
Star Medal.

2.  The applicant states the award was not annotated in his records, but he
was presented the Bronze Star Medal after he was discharged from the
military.

3.  The applicant provides a copy of his DD Form 214, a copy of his Bronze
Star Medal Certificate, a copy of the his Bronze Star Medal Citation, and a
copy of NA Form 13038 (Certificate of Military Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 September 1968.  The application submitted in this
case is dated 14 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.  On 24 October 1966, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed Basic Combat Training
(BCT) and Advanced Individual Training (AIT).  Upon graduation, he was
awarded military occupational specialty (MOS) 64A20, Light Vehicle Driver.

4.  The applicant was assigned to Vietnam from 27 September 1967 to
26 September 1968.  His unit of assignment was Headquarters and
Headquarters Company, 1st Battalion, 5th Infantry, 25th Infantry Division.

5.  On 22 September 1968, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and
the Good Conduct Medal.  He was subsequently honorably discharged from the
U.S. Army Reserve Control Group (Annual Training) on 16 September 1970 for
enlistment into the Air Force Reserve.

6.  United States Army Vietnam Regulation 672-1 (Military Awards) governed
the military awards program in Vietnam during the Vietnam War.  This
regulation stated that the Bronze Star Medal may have been awarded for
heroism or meritorious achievement or service which did not involve aerial
flight, but which was performed in connection with military operations
against an armed enemy including combat, support, and supply operations.

7.  General Orders Number 6308, dated 9 September 1968, published by
Headquarters, 25th Infantry Division awarded the applicant the Bronze Star
Medal for meritorious service during the time frame September 1967 to
September 1968.

8.  Army Regulation (AR) 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.  The applicant served in Vietnam during four campaigns -- Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968; Tet Counteroffensive, which extended from 30 January through
1 April 1968; Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; and Vietnam Counteroffensive, Phase V, which
extended from 1 July through
1 November 1968.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the Oversea
Service Bar.  In pertinent part, it provides 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.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.

10.  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 that Headquarters and subordinate
units of US
Army Vietnam, including the unit to which the applicant was assigned, was
cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for
the period 20 July 1965 to 28 March 1973 by Department of the Army General
Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal.
Therefore, he is entitled to a correction of his records to show this award
and have it added to his DD Form 214.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam which is
not correctly shown by award of four bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with
four bronze service stars and correction of his DD Form 214 to show these
awards.

3.  The applicant served 12 months in Vietnam and is entitled to have two
Overseas Service Bars added to his DD Form 214.

4.  The applicant is entitled to a correction of his records to show the
Vietnam Gallantry Cross with Palm Unit Citation as an authorized award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 September 1971.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

__pbf___  __tmr___  __jcr___  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.  Deleting the Vietnam Service Medal from his DD Form 214 of 22
September 1968; and

      b.  Adding the Bronze Star Medal; the Vietnam Service Medal with
4 bronze service stars; two Overseas Service Bars and the Vietnam Gallantry
Cross with Palm Unit Citation.



                                  Peter B. Fisher
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005828                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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