RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20070000857


      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 the Bronze Star Medal be added to his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides a Bronze Star Medal certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   1 October 1970.  The application submitted in this case is
dated 8 January 2007.

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 2 October 1968.  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 D, 3d
Battalion, 7th Infantry, 199th Infantry Brigade on 1 April 1969.  He was
medically evacuated from Vietnam on 25 June 1969 after being credited with
participation in two campaigns.

5.  Headquarters, 199th Infantry Brigade (Separate) (Light) General Orders
Number 1294, dated 20 August 1969, awarded the applicant the Bronze Star
Medal for meritorious achievement.

6.  The applicant was released from active duty on 1 October 1970.  His
      DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
device 1960, the Combat Infantryman Badge, and the Purple Heart.

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, 7th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 19 June 1968 through      31 July 1970 by Department of the
Army General Orders (DAGO) Number 51, dated 1971.

8.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 7th Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 12 December 1966 through 31 August 1970 by DAGO
Number 51, dated 1971.

9.  Army Regulation 600-8-22 (Military Awards) authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star
Medal.  Therefore, 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.  Therefore, these unit awards should be added to his DD Form 214.

3.  The applicant was credited with participation in two campaigns, which
makes him eligible to wear two bronze service stars on his Vietnam Service
Medal.  His DD Form 214 should be amended to show this fact.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 September 1973.  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:

__mkp___  __rdg___  __rch___  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 adding the Bronze Star Medal, 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 two bronze service stars on his already-awarded Vietnam
Service Medal.




                            _Margaret K. Patterson
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000857                           |
|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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