RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20070002086


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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, award of the Bronze Star Medal
(BSM).

2.  The applicant states, in effect, his commander is submitting a belated
nomination for the award in question.

3.  The applicant provides the following documents in support of his
application:  Commander Recommendation; Recommended Citation; and Commander
Assignment Orders.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 13 May 1968.  He was trained in, awarded and served
in military occupational specialty (MOS) 76M (Ammunition Records Clerk) and
the highest rank he attained while serving on active duty was staff
sergeant (SSG).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 26 September 1968 through 7
August 1969.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Headquarters and Headquarters Company (HHC), 336th
Ordnance Battalion from 29 September 168 through 9 April 1969 and again on
7 August 1969 for his movement to the United States.  It also shows that
from 10 April through 6 August 1969, he was assigned to the 295th Ordnance
Company, and that he served in MOS 76M as both an Ammunition Records Clerk
and Senior Ammunition Records Clerk during these RVN assignments.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, United States Army Support Command, Da Nang General Orders
Number 506, dated 27 July 1969, which awarded the applicant the Army
Commendation Medal (ARCOM) for meritorious service during the period
September 1968 through July 1969.

5.  On 15 August 1969, the applicant was honorably released from active
duty after completing 1 year, 3 months and 3 days of active military
service.  The separation document (DD Form 214) he was issued shows he
earned the following awards during his active duty tenure:  National
Defense Service Medal; ARCOM; Vietnam Service Medal with 2 bronze service
stars; RVN Campaign Medal; and Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.

6.  The applicant provides a recommendation for award of the BSM and
proposed citation submitted by his commander at the 336th Ordnance
Battalion in support of his application.  This commander outlines the
applicant's accomplishments during his RVN tour and indicates that as a
result of an oversight, the recommendation for the applicant to be awarded
the BSM was not submitted by either the commander of the 295th Ordnance
Company or the 336th HHC commander due to the applicant's transfer status.
The commander does not explain who recommended the applicant for the ARCOM
he actually received for his service in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 1-19 contains guidance on duplication of awards.  It
states, in pertinent part, that only one decoration will be awarded to an
individual or unit for the same act, achievement, or period of meritorious
service.  Continuation of the same or similar type service already
recognized by an award for meritorious service or achievement will not be
the basis for a second award.

8.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  Table B-1 contains a list
of RVN campaigns and shows that during the applicant's tenure of
assignment, participation credit was granted for the Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

9.  Chapter 7 of the awards regulation contains guidance on unit awards.
Paragraph 7-7 contains guidance on an individual unit award emblem.  It
states, in pertinent part, that an Oak Leaf Cluster will be worn to denote
a second or subsequent award of the Meritorious Unit Commendation (MUC).

10.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

11.  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, both of the applicant's units received the
Meritorious Unit Commendation (MUC).  It also shows that during his period
of assignment, participation credit was granted for the

DISCUSSION AND CONCLUSIONS:

1.  The contention of the applicant and his former commander that the
applicant was inadvertently not recommended for the BSM due to an
administrative oversight and the supporting recommendation and document
submitted were carefully considered.  However, by regulation only one award
may be made for the same act, achievement, or period of meritorious
service.

2.  The evidence of record confirms the applicant was awarded the ARCOM for
his meritorious service in the RVN, as evidenced by Headquarters, United
States Army Support Command, Da Nang, General Orders Number 506, dated 27
July 1969, which is on file in his MPRJ.  As a result, the only reasonable
conclusion is that this ARCOM was the award recommended by his command at
the time, or that a recommendation for a higher award from the command was
downgraded by the award approval authority.  As a result, it appears the
applicant's service was appropriately recognized through the Army's awards
process and there is an insufficient evidentiary basis to support granting
the requested relief at this late date.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement related to award of the
BSM.

4.  The evidence of record does show that based on the applicant's service
and campaign participation in the RVN, he is entitled to the MUC 1st Oak
Leaf Cluster, RVN Gallantry Cross with Palm Unit Citation and 4 bronze
service stars with his Vietnam Service Medal.  The omission of these awards
from his separation document is an administrative matter that does not
require Board action.  Therefore, the Case Management Support Division
(CMSD), St. Louis, Missouri, will administratively correct his records as
outlined in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MJF  _  __LWR      __DWS _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error 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 to show his entitlement to the Meritorious Unit Commendation 1st
Oak Leaf Cluster (2nd Award), Republic of Vietnam Gallantry Cross with Palm
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.




                                  _____Michael J. Flynn____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002086                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Ret to USAR                             |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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