RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20070000812


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 add the Purple
Heart, the Bronze Star Medal with “V” device (which he states should have
been the Silver Star), the Vietnam Service Medal with four bronze service
stars, the “Vietnam Campaign Medal with date”; the National Defense Service
Medal, the Army Commendation Medal, the Army Good Conduct Medal, and the
Cold War Recognition Certificate.

2.  The applicant stated, in an earlier application to correct his DD Form
214 to add the Purple Heart and the Bronze Star Medal with “V” device, that
he was told by the DD Form 214’s authorizing officer it did not matter.
Now, later in life, he knows it matters.

3.  The applicant provides a copy of his Purple Heart orders, certificate,
and transmittal indorsement; a copy of his Bronze Star Medal with “V”
device orders, certificate, and transmittal indorsement; a letter of
commendation; a Cold War Certificate of Recognition; and a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 November 1968.  The application submitted in this case is
dated 4 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 requested correction of his records to show award of the
Army Commendation Medal and stated that his Bronze Star Medal with “V”
device should have been a Silver Star.  There are no orders or other
evidence authorizing the Army Commendation Medal to the applicant, and it
appears his recommendation for award of the Silver Star was downgraded to
award of the Bronze Star Medal with ”V” device.  In the absence of a proper
award authority for these decorations, the applicant may request award of
the Army Commendation Medal and upgrade of his Bronze Star Medal with “V”
device to the Silver Star under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for these decorations under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

4.  On 10 April 1997, a DD Form 215 (Correction to DD Form 214) was
prepared to add the Bronze Star Medal with “V” device and the Purple Heart
to the applicant’s DD Form 214.  A copy of the DD Form 215 has been
provided to him and, as a result, these awards will not be discussed
further in this Record of Proceedings.

5.  The applicant was inducted into the Army on 17 November 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 12C (Combat Engineer).

6.  The applicant arrived in Vietnam and was assigned to Company C, 19th
Engineer Battalion on 26 April 1968.  He departed Vietnam on 18 April 1968
after being credited with participation in four campaigns.

7.  The applicant was honorably released from active duty on 15 November
1968, in pay grade E-5, after completing 1 year, 11 months, and 29 days of
creditable active service with no lost time.  His DD Form 214 shows he was
awarded the Vietnam Service Medal with three bronze service stars, the
National Defense Service Medal, the Republic of Vietnam Campaign Medal, and
the Marksman Marksmanship Qualification Badge with rifle bar.

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

9.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  The instructions for completing item 24
(Decorations, Medals, Badges, Commendations, Citations, and Campaign
Ribbons Awarded or Authorized) at the time were to enter all decorations,
service medals, campaign credits, and badges awarded or authorized.

10.  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.  However, there was no right or
entitlement to the medal until the immediate commander made a positive
recommendation for its award and until the awarding authority announced the
award in General Orders.

11.  Army Regulation 600-8-22 provides for award of 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.

12.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

13.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that his DD Form 214 be corrected to show he is
authorized to wear four bronze service stars on his Vietnam Service Medal
instead of the three bronze service stars as shown.  The evidence of record
shows he was credited with participation in four campaigns; therefore, his
DD Form 214 should be corrected as requested.

2.  The applicant requested that his DD Form 214 be corrected to add the
“Vietnam Campaign with date.”  It is not sure what he means by this
request.  His requests all concern awards, so he may have been referring to
the Republic of Vietnam Campaign Medal with device 1960.  His DD Form 214
does show this award, but the entry (“Republic of Vietnam Campaign Medal”)
is not correct.  This entry should be corrected to read “Republic of
Vietnam Campaign Medal with device 1960.”

3.  The applicant requested that his DD Form 214 be corrected to add the
National Defense Service Medal; however, this award is already on his DD
Form 214.

4.  The applicant requested that his DD Form 214 be corrected to add the
Army Good Conduct Medal.  There are no orders available that show he was
awarded the Army Good Conduct Medal.  However, the applicant was honorably
released from active duty in pay grade E-5 after completing almost 24
months of creditable active service with no lost time.  His records contain
no derogatory information, and his conduct and efficiency were rated as
excellent throughout his service.  Therefore, it appears he met the
eligibility criteria for award of the Army Good Conduct Medal for the
period 17 November 1966 through 15 November 1968.

5.  The applicant requested that his DD Form 214 be corrected to add the
Cold War Recognition Certificate.  The instructions for completing item 24
of the DD Form 214 at the time were to enter all decorations, service
medals, campaign credits, and badges awarded or authorized.  Commendations
and certificates were not authorized entries.  Therefore, there is no basis
for adding the Cold War Recognition Certificate to his DD Form 214.  (His
campaign credits are recognized by the number of bronze service stars
authorized with his Vietnam Service Medal.)

6.  All units assigned to Vietnam were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should
be added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    14 November 1971.  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:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __rdg___  __rch___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  awarding him the first award of the Army Good Conduct Medal for
the period 17 November 1966 through 15 November 1968;

     b.  deleting the entry “Republic of Vietnam Campaign Medal” and the
entry showing the Vietnam Service Medal with three bronze service stars
from his    DD Form 214; and

     c.  adding the Army Good Conduct Medal, the Republic of Vietnam
Campaign Medal with device 1960, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Vietnam Service Medal with four bronze
service stars to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the Cold War Recognition Certificate to his DD Form 214.




                            __Margaret K. Patterson
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000812                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070614                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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