RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 JANUARY 2007
      DOCKET NUMBER:  AR20060006175


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 award of the Bronze Star Medal (BSM).

2.  The applicant states that he was awarded the BSM but, it was not placed
on his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a copy of his DD Form 214, BSM certificate, and
citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 March 1971.  The application submitted in this case is
dated        4 April 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 29 April 1969.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He served
in Vietnam from 10 May 1970 to 28 March 1971.  The applicant was honorably
released from active duty on 29 March 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he was awarded the National Defense Service Medal, Republic of
Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge,
and the Army Commendation Medal.

5.  The applicant provided a copy of his BSM certificate, dated 31 January
1971, and citation.  The certificate stated that the applicant was awarded
the BSM for meritorious achievement in ground operations against hostile
forces in the Republic of Vietnam during the period 1 May 1970 to 31
January 1971.  The certificate reflects the signature of the commander of
the 101st Airborne Division, (Air Mobile) at the time and the imprinted
signature of Stanley R. Resor, who was the Secretary of the Army during
that time.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

7.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  The 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 the 2nd Battalion, 502nd Infantry, 101st Airborne
Division, to which the applicant was assigned, was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department
of the Army General Order Number 6, dated 1974.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in two campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the DA Sanctuary
Counteroffensive and Vietnam Counteroffensive Phase VII campaigns, but no
bronze service stars are listed.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant's available records awarding
him the BSM, his award certificate is signed by the appropriate commander
and reflects the imprinted signature of the correct Army Secretary.  The
period of service covered by the award coincides with the applicant's dates
of service in the Republic of Vietnam.  In the absence of orders, or
evidence to the contrary, the Board accepts the applicant’s award
certificate as authentication of entitlement to the BSM and in the interest
of justice concludes it would be appropriate to add the award to his
separation document.

2.  Evidence of record shows that the applicant is entitled to the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service
stars to be worn on his Vietnam Service Medal.



3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         28 March 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:

___JA    _  __JP____  __SF ___  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 as follows:

      a.  by showing he was awarded the BSM;


      b.  by showing he is entitled to the award of Republic of Vietnam
Gallantry Cross with Palm Unit Citation; and


      c.  by showing he is entitled to two bronze service stars to be worn
on his Vietnam Service Medal.




                            ____James Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006175                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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