RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20070001943


      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:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |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 award of the Bronze Star Medal.

2.  The applicant states he was awarded the Combat Infantryman Badge in
Vietnam.  He was not aware that he was entitled to the Bronze Star Medal.

3.  The applicant provides his Combat Infantryman Badge orders and an
Addendum to DA Form 1577 (Authorization for Issuance of Awards), dated
   6 September 2000.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   6 September 2000, the date the National Personnel Records
Center informed him he was entitled to the Bronze Star Medal.  The
application submitted in this case is dated 30 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 enlisted in the Regular Army on 16 March 1949 and had
continuous service until his retirement.

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Company (HHC), 2d Brigade, 1st Infantry Division, on 10
October 1968.

5.  The applicant was awarded the Combat Infantryman Badge on orders dated
11 November 1968.

6.  The applicant was transferred to Company D, 1st Battalion, 8th
Infantry, 1st Infantry Division, on 24 January 1969.  He departed Vietnam
on 3 October 1969 after being credited with participation in four
campaigns.

7.  The applicant was released from active duty on 31 October 1970 for the
purpose of retirement.  His DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period ending 31 October 1970 does
not list the Bronze Star Medal.  Listed awards included the Vietnam Service
Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  On 6 September 2000, the National Personnel Records Center informed the
applicant he was entitled to the Bronze Star Medal based on his award of
the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Bronze Star Medal to any person who 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.  It also provides for award of the Bronze Star Medal to members of
the armed forces who, after         6 December 1941 and prior to 3
September 1945, have been cited in orders or in a formal certificate for
meritorious or exemplary conduct in ground combat against the armed enemy.
A citation in orders for the Combat Infantryman Badge or Medical Badge
awarded in the field during the period of actual combat against the armed
enemy is considered as a citation for exemplary conduct in 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.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal including the
Vietnam Service Medal.

11.  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 HHC, 2d Brigade, 1st Infantry Division, it was
cited for award of the Meritorious Unit Commendation for the period 1
January through 31 December 1969 by Department of the Army General Orders
(DAGO) Number 2, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to HHC, 2d Brigade, 1st Infantry Division, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number
21, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to HHC, 2d Brigade, 1st Infantry Division, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 12 July 1965 through 7 April 1970 by
DAGO Number 53, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 8th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period October 1966 through 28 July 1969 by DAGO Number 3, dated
1970.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 8th Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 1 October 1966 through 31 October 1969 by DAGO
Number 53, dated 1970.

16.  Department of the Army Pamphlet 672-3 states not more than one
Republic of Vietnam Gallantry Cross Unit Citation will be worn by any
individual.  Although multiple awards of this unit citation badge may not
be worn, official military personnel and historical records will indicate
all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The Addendum to DA Form 1577, dated 6 September 2000, erroneously
indicated the applicant was entitled to the Bronze Star Medal based upon
his award of the Combat Infantryman Badge.  This provision of the
regulation is effective only for members who, after 6 December 1941 and
prior to 3 September 1945, were cited in orders or in a formal certificate
for meritorious or exemplary conduct in ground combat against the armed
enemy, which included a citation in orders for the Combat Infantryman
Badge.  As the applicant did not even enter the Army until 16 March 1949,
he does not meet the eligibility criteria for award of the Bronze Star
Medal based upon award of the Combat Infantryman Badge.

2.  The applicant’s DD Form 214 for the period ending 31 October 1970 shows
he was awarded the Vietnam Service Medal.  As he was credited with
participation in four campaigns, this DD Form 214 should be amended to show
he was awarded the Vietnam Service Medal with four bronze service stars.

3.  The applicant was assigned to HHC, 2d Brigade, 1st Infantry Division,
during a period of time it was cited for award of the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  He was assigned to the 1st Battalion, 8th Infantry during a
period of time it was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

4.  The applicant’s DD Form 214 for the period ending 31 October 1970 shows
he was awarded only one unit award, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  Although he may wear only one Republic of Vietnam
Gallantry Cross with Palm Unit Citation, this DD Form 214 should be amended
to show he is authorized to wear two awards, plus it should be amended to
show he is authorized to wear two awards of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and the Meritorious Unit
Commendation.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      5 September 2003.  The applicant did not 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jpi___  __rml___  __jrh___  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 errors 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 by amending his DD Form 214 for the period ending 31
October 1970 to add two awards of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, a
second award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and to show he is authorized to wear four bronze service stars on
his already-awarded Vietnam Service Medal.




                                  __John P. Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001943                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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