RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060011910


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show he was awarded
two Bronze Star Medals.

2.  The applicant states that his DD Form 214 only shows he was awarded one
Bronze Star Medal.

3.  The applicant provides his DD Form 214 and two Bronze Star Medal award
certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    2 March 1969.  The application submitted in this case is
dated 11 August 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 22 May 1967.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant departed for Vietnam on or about 2 March 1968.  Orders
dated 11 March 1968 show he was assigned to Detachment 1, 101st
Administration Company, 101st Airborne Division when he was promoted to
Private First Class, E-3.  He was assigned to 3d Battalion, 187th Infantry
on 2 April 1968.

5.  Headquarters, 101st Airborne Division General Orders Number 10514 dated
30 November 1968 awarded the applicant the Bronze Star Medal for
meritorious service for the period 1 January 1968 to 31 August 1968.

6.  Headquarters, 101st Airborne Division General Orders Number 101 dated
   7 January 1969 awarded the applicant the Bronze Star Medal for
meritorious service for the period 1 April 1968 to 30 November 1968.

7.  The applicant departed Vietnam on 24 February 1969 after being credited
with participation in five campaigns.

8.  The applicant was honorably released from active duty on 2 March 1969
in the rank and grade of Specialist Four, E-4 after completing 1 year, 9
months, and 11 days of creditable active service with no lost time.

9.  The applicant’s DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Bronze Star Medal, the Army Commendation Medal, the Air Medal,
and the Combat Infantryman Badge.

10.  The applicant’s records contain no derogatory information and his
conduct and efficiency were rated as “excellent” throughout his service.

11.  Army Regulation 600-8-22 (Military Awards) states that one bronze
service star is worn on the appropriate service medal for each campaign
participation credit.  One silver service star is worn in lieu of five
bronze service stars.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

13.  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, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Presidential Unit Citation for the period 13 June through
23 September 1968 by Department of the Army General Orders (DAGO) Number 38
dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Meritorious Unit Commendation for the period 14 March
through 3 October 1968 by DAGO Number 22 dated 1976.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43,
dated 1970.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO
Number 48 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was twice awarded the Bronze
Star Medal for meritorious service.  Although there is some overlap in the
periods of service mentioned in the two orders (1 January to 31 August 1968
and 1 April to 30 November 1968), and the first award begins two months
before the applicant was even in Vietnam, any reasonable doubt concerning
the validity of the second award should be resolved in the applicant’s
favor.

2.  The applicant was honorably released from active duty in the rank and
grade of Specialist, E-4 after completing 21 months of creditable active
service with no time lost.  His records contain no derogatory information
and his conduct and efficiency were rated as “excellent” throughout his
service.  It appears he met the eligibility criteria for award of the Army
Good Conduct Medal.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Presidential Unit Citation, the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  These unit awards should be added to his DD Form 214.

4.  The applicant met the eligibility criteria to wear one silver service
star on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           1 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:

__wfc___  __eem___  __rmn___  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 the DD Form 214 of the individual
concerned be corrected by:

     a.  awarding him the Army Good Conduct Medal for the period 22 May
1967 through 2 March 1969;

     b.  deleting the Bronze Star Medal; and

     c.  adding the Bronze Star Medal (second award), the Army Good Conduct
Medal, the Presidential Unit Citation, the Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
to show he is authorized to wear one silver service star on his already-
awarded Vietnam Service Medal.




                            __William F. Crain____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011910                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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