RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 May 2007
      DOCKET NUMBER:  AR20060016101


      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. Paul M. Smith                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 the Silver Star be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received the Silver Star by mail about three
months after he retired.

3.  The applicant provides Silver Star orders.  He also provides a DA Form
    200 (Transmittal Record) dated 16 June 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on or about 16 June 1969, the date the Silver Star orders were
mailed to him.  The application submitted in this case is dated 8 November
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 16 March 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company A, 3d
Battalion, 22d Infantry, 25th Infantry Division on 12 September 1967.  He
was medically evacuated from Vietnam on 2 January 1968 after receiving
credit for participation in one campaign.

5.  On 11 March 1969, the applicant was released from active duty and
permanently retired due to physical disability.  He was placed on the
retired list  in the rank and grade of Specialist Four, E-4 the following
date.  His DD Form 214 shows he was awarded the Republic of Vietnam
Campaign Medal, the Vietnam Service Medal, the Purple Heart, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and
the National Defense Service Medal.

6.  Headquarters, 25th Infantry Division General Orders Number 1420 dated
  21 March 1968 awarded the applicant the Silver Star for gallantry in
action on      2 January 1968.

7.  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, 22d Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 1 August 1967 through     August 1968 by Department of the
Army General Orders (DAGO) Number        48 dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 3d Battalion, 22d Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO
Number 51 dated 1971.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily
performing infantry duties, who is assigned to an infantry unit during such
time as the unit is engaged in active ground combat, and who must actively
participates in such ground combat.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation. Authorized bronze service stars will be worn on the appropriate
campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star after he was medically
retired.  This award should be added to his DD Form 214.

2.  The applicant was assigned to a unit during a period of time that unit
was awarded 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.

3.  The applicant was an infantryman who was assigned to an infantry unit.
His Silver Star confirms he satisfactorily performed infantry duties while
actively participating in ground combat.  It appears he is eligible for
award of the Combat Infantryman Badge.
4.  The applicant was credited with participation in one campaign;
therefore, he is authorized to wear one bronze service star on his Vietnam
Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on or about 16 June 1969; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on or about 15 June 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:

__pms___  __dkh___  __eem___  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 amended to add the Silver Star, the Combat Infantryman Badge,
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 eligible to wear one bronze service star on his already-
awarded Vietnam Service Medal.




                            ____Paul M. Smith____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016101                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070501                                |
|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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