RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070004965


      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. James E. Anderholm            |     |Chairperson          |
|     |Ms. Laverne V. Berry              |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 his record be corrected by
including the Legion of Merit (LOM) and the Bronze Star Medal with "V"
(Valor) Device to the list of awards contained on his 30 September 1979
separation document
(DD Form 214).

2.  The applicant states, in effect, he was awarded the BSM with "V" Device
and LOM; however, neither is included in the list of awards contained on
his final separation document.

3.  The applicant provides the following documents in support of his
application:  12 June 1978 and 30 September 1979 DD Forms 214; Purple Heart
(PH) Certificate; Silver Star (SS) Certificates (2); BSM Certificates (3);
and Meritorious Service Medal Certificates (2).

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 served on active duty for 23
years,
7 months and 27 days until being honorably released from active duty, in
the rank of command sergeant major (CSM), for the purpose of retirement on
30 September 1979.

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
completed two tours of duty in the Republic of Vietnam (RVN).  The first
tour was from 4 July 1966 through 28 June 1967 and the second tour was from
7 August 1970 through 3 August 1971.  During his first RVN tour, he was
assigned to Company C, 1st Battalion, 12th Cavalry Regiment, performing
duties as an infantry platoon sergeant.  During his second tour, he was
assigned to
Company C, 4th Battalion, 503rd Infantry Regiment, 173rd Infantry Brigade,
performing duties as a first sergeant.
4.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-
1 does not include the LOM or "V" Device with the BSM and Item 33 (Date
Prepared/Reviewed) shows the applicant last reviewed the DA Form 2-1 on
4 January 1979.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains the
following three BSM orders, which the applicant received for the reasons
indicated:  Headquarters, 1st Cavalry Division General Orders Number 3136,
dated 12 June 1967, for meritorious service during the period July 1966 to
July 1967; Headquarters, 1st Cavalry Division General Orders Number 3831,
dated
8 July 1967, for heroism ("V" Device) in connection with military
operations against a hostile force in the RVN on 2 May 1967; and
Headquarters, 173rd Airborne Brigade General Orders Number 1440, dated 25
June 1971, for meritorious service during the period August 1970 to August
1971.  There are no LOM orders on file in the MPRJ.

6.  On 30 September 1979, the applicant was honorably REFRAD for
retirement. Item 26 (Decorations, Medals, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at
this time shows that during his active duty tenure, he earned the following
awards:  SS 1st Oak Leaf, Cluster (2nd Award); BSM 2nd Oak Leaf Cluster
(3rd Award); Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (2nd
Award); Air Medal (AM); Army Commendation Medal 2nd Oak Leaf Cluster (3rd
Award); PH;
Army Good Conduct Medal (7th Award); National Defense Service Medal (NDSM)
1st Oak Leaf Cluster (2nd Award); Armed Forces Expeditionary Medal (AFEM)-
Dominican Republic; Vietnam Service Medal (VSM); Republic of Vietnam
Campaign Medal (RVNCM) with 60 Device; RVN Gallantry Cross with Palm Unit
Citation; RVN Civil Actions Honor Medal First Class Unit Citation; Valorous
Unit Award (VUA); Presidential Unit Citation (PUC); Combat Infantryman
Badge (2nd Award); Mater Parachutist Badge; and Drill Sergeant
Identification Badge.  The LOM is not included in the list of awards
contained in Item 26 and the applicant authenticated this document with his
signature in Item
29 (Signature of Person Being Separated) on the date of his separation.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 3-12 contains guidance on the LOM.  It states, in
pertinent part, that it is awarded to any member of the Armed Forces of the
United States or a friendly foreign nation who has distinguished himself or
herself by exceptionally meritorious conduct in the performance of
outstanding services and achievements.  The regulation requires a
recommendation be submitted for this award (DA Form 638) and that the award
be approved by the proper authority, which is normally a General, or
Lieutenant General in the case of retirement awards.
8.  Paragraph 3-14 of the awards regulation contains guidance on the BSM.
It states, in pertinent part, that it may be awarded for acts of heroism or
for meritorious achievement or meritorious service.  Paragraph 6-5 contains
guidance on the "V" Device and states, in pertinent part, that a "V" Device
is awarded with a BSM to denote an award made for heroism (valor).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the "V" Device should be added to the
BSM entry on his final DD Form 214 was carefully considered and found to
have merit. The evidence of record confirms the applicant received three
awards of the BSM, two of which were for meritorious service and third,
which was for heroism (valor).  As a result, the BSM entry in Item 26 of
his final DD Form 214 should read "Bronze Star Medal 2nd Oak Leaf Cluster
with "V" Device", which will denote three awards of the BSM, one of which
was for valor.

2.  The applicant's contention that the LOM should be added to the list of
awards contained on his final DD Form 214 was also carefully considered;
however, there is insufficient evidence to support this claim.

3.  The applicant's record is void of any LOM orders or any other
documentation that indicates he was ever recommended for or awarded the LOM
by proper authority while serving on active duty.  The LOM is not included
in the list of awards contained on his DA Form 2-1 or on his final DD Form
214, which he authenticated with his signature on the date of his
retirement.  Therefore, absent any independent evidence confirming that he
was awarded the LOM while serving on active duty or in conjunction with his
retirement, there is an insufficient evidentiary basis to support granting
this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JEA __  __LVB __  __RDG  _  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by deleting the current Bronze Star Medal entry in
Item 26 of his 30 September 1979 DD Form 214 and replacing it with the
entry "Bronze Star Medal 2nd Oak Leaf Cluster (3rd Award) with "V" Device"
and by providing him a correction to his separation document that includes
this change.

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 Legion of Merit to the list of awards contained in Item 26 of
his 30 September 1979 DD Form 214.




                            _____James E. Anderholm_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004965                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1979/09/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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