RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060013625


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 (BSM) and
Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation be
added back to Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of his 4 February
1972 separation document (DD Form 214).

2.  The applicant states, in effect, that he had a bad mind when he was
released from the Republic of Vietnam (RVN).  People spit on him and called
him a baby killer.  He states he wants his medals back to give to his
daughter.  He claims he is 70 percent disabled and that he suffers from a
Post Traumatic Stress Disorder.

3.  The applicant provides his DD Form 214 and a correction to his DD Form
214 (DD Form 215), dated 19 September 1980, in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 February 1972, the date of his separation.  The
application submitted in this case is dated 14 September 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's record shows that he enlisted in the Regular Army and
entered active duty on 7 July 1969.  He was trained in, awarded, and served
in military occupational specialty (MOS) 36G (Manual Central Office
Repairer), and the highest rank he attained while serving on active duty
was specialist five (SP5).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 22 February 1970 through 5 January 1971.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
the 59th Signal Company, performing duties in MOS 36G.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), and RVN Campaign Medal.  The BSM
is not included in the list of awards contained in Item 41, and the
applicant last audited this record on 5 April 1971.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever recommended for or
awarded the BSM during his active duty tenure.

7.  On 4 February 1977, the applicant was honorably separated after
completing a total of 2 years, 6 months, and 28 days of active military
service.  Item 24 of the DD Form 214 he was issued at the time shows he
earned the following awards:  NDSM; Army Good Conduct Medal (AGCM); VSM;
RVN Campaign Medal; and Expert Marksmanship Qualification Badge with Rifle
Bar.  The BSM is not included in the list of awards contained on the DD
Form 214 and the applicant authenticated this document with his signature
in Item 32 (Signature of Member Being Transferred or Discharged) on the
date of his separation.

8.  On 19 September 1980, a DD Form 215 was issued that amended Item 24 of
the applicant's DD Form 214 by adding the BSM and RVNGC with Palm Unit
Citation.

9.  On 10 April 1981, the Commander, United States Army Reserve Components
Personnel and Administration Center (ARPERSCEN), St. Louis, Missouri,
notified the Commander, United States Army Military Personnel Center
(MILPERCEN), Alexandria, Virginia, that a review of the applicant's
Official Military Personnel File (OMPF) failed to reveal authorization for
the BSM.

10.  On 4 May 1981, a DD Form 215 was issued that amended Item 24 of the
applicant's DD Form 214 by adding the RVNGC with Palm Unit Citation to Item
24, and the applicant was notified in a letter from the Office of The
Adjutant General (OTAG), ARPERSCEN, dated 6 May 1981, that the DD Form 215
issued to him on 19 September 1980 had been voided.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.

12.  Table B-1 of the awards regulation contains a list of RVN campaigns
and it shows that during the applicant's tenure in the RVN, credit was
granted for the Vietnam Winter-Spring 1970 and Sanctuary Counteroffensive
campaigns.
13.  Paragraph 3-14 contains guidance on the BSM.  It states that the BSM
is awarded to any person who, while serving in any capacity in or with the
Army of the United States after 6 December 1941, distinguished himself or
herself by heroic or meritorious achievement or service, not involving
participation in aerial flight, in connection with military operations
against an armed enemy; or while engaged in military operations involving
conflict with an opposing armed force in which the United States is not a
belligerent party.  It may be awarded for heroism, meritorious achievement,
or meritorious service.  The regulation requires a recommendation for the
BSM, normally on a DA Form 638, to be submitted and approved by the proper
award authority.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (59th Signal Company) received
two awards of the Meritorious Unit Commendation (MUC), for the periods
April 1969 through February 1970 and May 1970 through January 1971, as
authorized in Department of the Army General Orders (DAGO) Number 43,
issued in 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM was carefully
considered.  However, the evidence of record is void of any indication that
the applicant was ever recommended for, or awarded the BSM by proper
authority while serving on active duty.  The record does include an
ARPERSCEN notification to the applicant, dated 6 May 1981, which confirms
his OMPF failed to show authorization for the BSM, and that the 19
September 1980 DD Form 215 he was issued that added the BSM to Item 24 of
his DD Form 214 had been voided.  As a result, there is an insufficient
evidentiary basis to support granting the requested relief.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to the BSM on 6 May 1981, when he
was notified that his OMPF failed to verify his entitlement to the award.
This, the time for him to file a request for correction of any error or
injustice expired on 5 May 1983.  He failed to file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

3.  The evidence does show he is entitled to two awards of the MUC and
2 bronze stars with his VSM.  The omission of these awards from his
separation document is an administrative matter that does not require Board
action.  Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will administratively correct the record as outlined by the Board
in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP  _  __WFC__  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to two awards of the
Meritorious Unit Commendation and 2 bronze service stars with his Vietnam
Service Medal; and by providing him a correction to his DD Form 214 that
includes these awards.




                                  _____William D. Powers____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060013625                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/02/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Out                               |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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