RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070002559


      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. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, that the list of awards contained in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of his 8 April 1969 separation document
(DD Form 214) be corrected.

2.  The applicant states, in effect, that Item 24 of his DD Form 214
includes an Army Commendation Medal (ARCOM) with "V" (Valor) Device he
never received and does not include a Bronze Star Medal (BSM) with "V"
Device and BSM he received for meritorious service.  He requests the two
awards of the BSM he earned by added and that the ARCOM with "V" Device he
did not receive be deleted from Item 24 of his DD Form 214 at this time.

3.  The applicant provides his DD Form 214 and BSM awards orders in support
of his application.

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 he was inducted into the Army and entered
active duty on 13 June 1967.  He was awarded and served in military
occupational specialty (MOS) 11B (Light Weapons Infantryman) and sergeant
(SGT) is the highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 11 April 1968 through 5 April
1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he
served with Company D, 1st Battalion, 52nd Infantry Regiment, 98th Infantry
Brigade, performing duties in MOS 11B as a radio telephone operator and
grenadier.  Item 38 also shows he received no less than "Excellent" conduct
and efficiency ratings at all of his active duty assignments.
4.  The Department of the Army (DA) historical awards orders files
maintained at the Military Awards Branch, Human Resources Command,
contained two BSM orders for the applicant.  The first order was
Headquarters, Americal Division General Orders Number 2471, dated 9 April
1969, which awarded the applicant the BSM with "V" Device for heroism in
connection with ground operations against a hostile force in the RVN on 23
September 1968.  The second order was Headquarters, Americal Division
General Orders Number 1964, dated
20 March 1969, which awarded the applicant the BSM for meritorious
achievement in connection with military operations against a hostile force
in the RVN during the period April 1968 to April 1969.

5.  The DA historical orders file and the applicant's Military Personnel
Records Jacket (MPRJ) are void of any orders awarding the applicant the
ARCOM with "V" Device.  His MPRJ is also void of any derogatory information
or a unit commander disqualification that would have precluded him from
receiving the Army Good Conduct Medal (AGCM).

6.  On 8 April 1969, the applicant was honorably separated after completing
a total of 1 year, 9 months and 26 days of active military service.  The DD
Form 214 he was issued shows, in Item 24, that he earned the following
awards:  National Defense Service Medal (NDSM); ARCOM with "V" Device; RVN
Campaign Medal (RVNCM); Vietnam Service Medal (VSM); Combat Infantryman
Badge (CIB); Sharpshooter Marksmanship Qualification Badge with Rifle (M-
14) Bar; and Marksman Marksmanship Qualification Badge with Rifle (M-16)
Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  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.  A silver service star is
issued in lieu of 5 bronze service stars to denote participation in 5
campaigns.

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the BSM.  It states, in pertinent part, that it is awarded to any person
who, while serving in any capacity in or with the Army of the United States
after 6 December 1941, distinguished himself by heroic or meritorious
achievement or service, not involving participation in aerial flight, in
connection with military operations against an armed enemy; or while
engaged in military operations involving conflict with an opposing armed
force in which the United States is not a belligerent party.  The
regulation stipulates that award of the BSM for heroism will be denoted by
a "V" Device and that an Oak Leaf Cluster will be awarded to denote a
second or subsequent award of the BSM.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the
AGCM is awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years, except in those cases when the period for
the first award ends with the termination of a period of Federal military
service, in which case a period of more than 1 year is a qualifying period.
 Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

10.  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, the applicant’s unit (Company D, 1st Battalion, 52nd
Infantry Regiment) received the Meritorious Unit Commendation (MUC) and RVN
Gallantry Cross with Palm Unit Citation.  It also confirms that during the
applicant's period of assignment in the RVN, participation credit was
granted for the
TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and
TET 69 Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the list of awards contained in Item 24 of
his DD Form 214 is incorrect was carefully considered and found to have
merit.  The evidence of record confirms the applicant was awarded the BSM
with "V" Device for heroism in the RVN on 23 September 1968 and the BSM for
meritorious achievement during the period April 1968 to April 1969.
Therefore, it would be appropriate to add these awards to the list of
awards contained on the DD Form 214.

2.  The applicant's record is void of any orders or other documents that
indicate that he ever received the ARCOM with "V" Device while serving on
active duty.  Thus, it appears clear his claim that he never received this
award is valid and it should be removed from the list of awards contained
on the DD Form 214 at this time.

3.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the first award of the AGCM, for his
qualifying period of honorable active duty service from 13 June 1967
through 8 April 1969.
4.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is also entitled to the MUC, RVN Gallantry Cross
with Palm Unit Commendation and 1 silver service star with his VSM.
Therefore, it would also be appropriate to add these awards to his record
and separation document at this time.

BOARD VOTE:

___WB__  __WDP  _  __DLL  _  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
awarding him the Army Good Conduct Medal for his qualifying period of
honorable active duty service from 13 June 1967 through 8 April 1969; by
amending Item 24 of his DD Form 214 by deleting the current list of awards
and replacing it with the entry "Bronze Star Medal 1st Oak Leaf Cluster
(2nd Award) with "V" Device; Army Good Conduct Medal; National Defense
Service Medal; Vietnam Service Medal with 1 silver service star; Republic
of Vietnam Campaign Medal with 1960 Device; Meritorious Unit Commendation;
Combat Infantryman Badge; Sharpshooter Marksmanship Qualification Badge
with Rifle (M-14) Bar; and Marksman Marksmanship Qualification Badge with
Rifle (M-16) Bar"; and by providing him a correction to his separation
document that includes these changes.




                            ____William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002559                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/04/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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