RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060014847


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O;Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 he be awarded the Bronze Star
Medal (BSM), Air Medal (AM), Republic of Vietnam (RVN) Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and
4 bronze service stars with his Vietnam Service Medal (VSM).

2.  The applicant states, in effect, he is entitled to the BSM for
meritorious service while serving the RVN.  He also states he should be
awarded the AM because he participated in sustained aerial flights in
support of combat operations in the RVN.  He also states that he is
entitled to the RVN Gallantry Cross with Palm Unit Citation for his service
in the RVN.

3.  The applicant provides self-authored letter and his separation document
(DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 28 January 1971, the date of his separation.  The
application submitted in this case was received 10 October 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 requests award of the BSM and AM.  However, there are no
orders or other evidence on file in his Official Military Personnel File
(OMPF) that confirms he is entitled to these awards.  In the absence of
authority for these awards, he may request the BSM and AM under the
provisions of Section 1130 of Title 10 of the United States Code (10 USC
1130).  The applicant has been notified by separate correspondence of the
procedures for applying for this award under 10 USC 1130.  As a result, his
request for award of the BSM and AM will not be discussed further in this
Record of Proceedings.



4.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 11 February 1969.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Infantryman), and
specialist four (SP4) was the highest rank he attained while serving on
active duty.

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 2 August 1969 through 22 July 1970.  It also shows
that during his RVN tour, he was assigned to the 35th Infantry Regiment
(Company A, 2nd Battalion from 15 August 1969 through 18 December 1969 and
Company A, 1st Battalion from 19 December 1969 through 7 March 1970) and to
Headquarters Company, 2nd Brigade, 4th Infantry Division from 8 March
through 22 July 1970. In all these units, he performed duties in MOS 11B as
a rifleman.  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), Army Commendation Medal (ARCOM), VSM, RVN Campaign
Medal with 1960 Device, Combat Infantryman Badge (CIB), Marksman
Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service
Bars.

6.  On 28 January 1971, the applicant was honorably separated after
completing a total of 1 year, 10 months, and 27 days of active military
service.  The DD Form 214 he was issued shows that he earned the following
awards during his active duty tenure:  NDSM; ARCOM; Army Good Conduct Medal
(AGCM); VSM; RVN Campaign Medal with 60 Device; CIB; Sharpshooter
Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Service
Bars.


7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized for wear with the VSM for each RVN campaign a member was
credited with participating in.




8.  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 units earned the RVN Gallantry
Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class
Unit Citation.  It also shows that during this period, participation credit
was granted for the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970,
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII
campaigns.



DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that based on his service and campaign
participation in the RVN, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and 4 bronze service stars with his VSM.  Therefore, it would be
appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

___HOF    ___TEO _  __JRH __  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 his entitlement to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze
service stars with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these changes.




                            _____Hubert O. Fry_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014847                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/01/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Med Hold                                |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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