RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060006886


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. 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 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.

2.  The applicant states, in effect, that he was awarded the Bronze Star
Medal after he was released from active duty.

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 30 July 1969, the date of his release from active duty.  The
application submitted in this case is dated 13 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 enlisted in the Regular Army on 8 August 1966 for a
period three years.  After completion of basic and advanced individual
training, he was awarded military occupational specialty 94B (Cook).  He
was honorably discharged on 30 July 1969.

4.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Republic of Vietnam Service Medal, and the Republic of
Vietnam Campaign Medal.

5.  The applicant's service records contain a Bronze Star Medal
certificate, dated 18 August 1969, which was authenticated by the Major
General of the 101st Airborne Division.  The Bronze Star Medal was awarded
to him for "Meritorious Achievement in Ground Operations against hostile
forces in the Republic of Vietnam during the period 1 December 1968 to 31
July 1969."

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Republic of Vietnam War.  This document shows that the applicant is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 8, dated
1974.

9.  The applicant's records show that he was awarded the Republic of
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 Counteroffensive Phase V, the Vietnam
Counteroffensive Phase VI, the Tet 69 Counteroffensive, and the Vietnam
Summer–Fall 1969 campaigns.

10.  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 correction of his separation document to show
award of the Bronze Star Medal.

2.  Evidence shows that, after the applicant was released from active duty,
he was awarded the Bronze Star Medal for meritorious achievement.
Therefore, he is entitled to correction of his DD Form 214 to show this
award.

3.  The applicant served a qualifying period of service for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction of his DD Form 214 to show this award.

4.  Records show that the applicant participated in the four campaigns
during his service in the Republic of Vietnam.  Therefore, he is entitled
to four bronze service stars to be affixed to his Republic of Vietnam
Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 July 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:

_JLP____  _JEA_ __  _SWF___  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 showing award of the Bronze Star
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
four bronze service stars to be affixed to his Republic of Vietnam Service
Medal.




                            _ James E. Anderholm_____
                                CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006886                           |
|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          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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