RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       21 February 2007
      DOCKET NUMBER:  AR20060011901


      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:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 the Bronze Star Medal and the
Purple Heart 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 these two awards are not shown on
his DD Form 214.

3.  In support of his request, the applicant provides a copy of his DD Form
214, a copy of an award certificate and citation for award of the Bronze
Star Medal, and correspondence he received from the National Personnel
Records Center, St. Louis, Missouri, about his entitlement to awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army of the United States on 8 June 1967.  He completed his basic combat
and his advanced individual training at Fort Polk, Louisiana.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11B (Light Weapons Infantryman).

2.  The applicant was assigned to Vietnam and he arrived there on 14 June
1968.  He was assigned to Company A, 1st Battalion, 50th Infantry Regiment,
173rd Airborne Brigade.  The applicant served in Vietnam until 12 March
1969 when he was assigned to Fort Lewis, Washington, for release from
active duty.

3.  The applicant was released from active duty on 13 March 1969, under the
provisions of Army Regulation (AR) 635-200, Early Separation to Attend
School.  He was released from active duty in the rank and pay grade of
Sergeant, E-5, with 1 year, 9 months, and 6 days active military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal; the Vietnam Service Medal;
the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the
Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and
two overseas service bars.  The Bronze Star Medal and the Purple Heart
are not shown among his authorized awards.
5.  The applicant provided a copy of an award certificate and citation in
support of his request to show that he was awarded the Bronze Star Medal,
for meritorious achievement in ground operations against hostile forces, in
the Republic of Vietnam, for the period June 1968 to June 1969.

6.  There are no orders in the applicant's service personnel records to
show he was awarded the Bronze Star Medal.  A search of the general
orders consolidation maintained by the Awards Branch, Human Resources
Command, was made for such orders; however, this search failed to reveal
that such orders were published.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicants DA Form 20, Enlisted Qualification Record, showing he was
awarded the Bronze Star Medal.

8.  A DA Form 137, Installation Clearance Record, dated 7 March 1969, on
file in the applicant's service record shows in the Remarks section he
was recommended for award of the Bronze Star Medal and for the Good
Conduct Medal.  The applicant departed from Vietnam before he completed
the full tour of duty and orders apparently were not published until 5
April 1969 and were therefore not filed in his service record.  The
history of the 173rd Airborne Brigade shows BG John W. Barnes, the
authority who signed the award certificate, commanded the 173rd Airborne
Brigade from December 1968 to August 1969.

9.  The applicant was awarded the Purple Heart by Permanent Orders
published by the US Total Army Personnel Command, Alexandria, Virginia,
on 25 June 2003.  The Chief, Military Awards Branch, added this award to
the applicant's DD Form 214 on the same date through preparation and
distribution of a DD Form 215, Correction to DD Form 214.  In view of the
fact this action has been accomplished, it will not be discussed further
in this Record of Proceedings.

10.  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:  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.  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.

13.  The applicant had "Excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 There is no entry in Item 42 (Remarks), of the applicant's DA Form 20, to
indicate that he was disqualified from award of the Good Conduct Medal.

14.  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 that the unit the applicant was assigned to was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 5 April 1968 through 6 October 1969, by Department of the
Army General Order (DAGO) Number 51, dated 1971.

15.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3
years except in those cases when the period for the first award ends with
the termination of a period of Federal military service.  Although there
is no automatic entitlement to the Good Conduct Medal, disqualification
must be justified.  To be eligible for award of the Good Conduct Medal,
soldiers must meet all of the following criteria:  all conduct
(character) and efficiency ratings must be recorded as "Excellent" except
that ratings of "Unknown" for portions of the period under consideration
are not disqualifying.  Service school efficiency ratings based upon
academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate general orders, the evidence below will
show the applicant is entitled to have the Bronze Star Medal added to his
DD Form 214.

2.  The applicant provided the Board a copy of the award certificate and
the citation awarding him the Bronze Star Medal.

3.  An Installation Clearance Record dated 7 March 1969, on file in the
applicant's service record shows in the Remarks section he was
recommended for award of the Bronze Star Medal and for the Good Conduct
Medal when he cleared from his unit in preparation for his departure from
Vietnam.

4.  The applicant departed from Vietnam before he completed the full tour
of duty, with authority to return to school.  It is apparent the award
was not yet approved on his departure date and orders therefore did not
get into his service record.

5.  The award certificate was not signed by the appropriate authority
until 5 April 1969, after the applicant’s departure from the command.
The history of the 173rd Airborne Brigade shows BG John W. Barnes, the
authority who signed the award certificate, commanded the 173rd Airborne
Brigade from December 1968 to August 1969.

6.  Based on all the available evidence, it can reasonably be determined
the applicant was awarded the Bronze Star Medal and he is therefore
entitled to have this award added to his DD Form 214.

7.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Sergeant, E-5, and there is no record of lost time in his
service records.  The applicant earned the Bronze Star Medal, the Purple
Heart, and the Combat Infantryman Badge, on the battlefield in Vietnam
and he was recommended for award of the Good Conduct Medal when he
cleared from his unit for his departure from Vietnam.  Based on this
excellent record of service and the recommendation for this award, he is
entitled to award of the Good Conduct Medal for the period 8 June 1967
through 13 March 1969 and to have it added to his DD Form 214.

8.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

9.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.  He is therefore entitled to
have this unit award added to his DD Form 214.

10.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 13 March 1969; therefore, the
time for the
applicant to file a request for correction of any error or injustice
expired on 12 March
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:

___T____  _JGH___  __DLL___  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 the applicant's DD Form
214;

      b.  adding the already-awarded Bronze Star Medal to the applicant's
DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period 8
June 1967 through 13 March 1969;

      d.  awarding the applicant the Vietnam Service Medal, with four bronze
service stars, to denote his participation in four campaigns while he
served in Vietnam, and adding this award to his DD Form 214; and


      e.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation and adding this unit award to his DD Form 214.




                            _____Marla J. N. Troup_________________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060011901                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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