RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070005036


      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. James E. Vick                 |     |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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be amended to add the
Bronze Star Medal with “V” device.

2.  The applicant states that he was presented the Bronze Star Medal with
“V” device on 17 March 1969.

3.  The applicant provides an award certificate for the Bronze Star Medal
with “V” device; a Standard Form 180 (Request Pertaining to Military
Records); and emails, dated March 2007.

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 enlisted in the Regular Army on 21 June 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 73A (Finance Specialist).  On
22 February 1967, he was awarded primary MOS 11B (Light Weapons
Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Company D, 4th
Battalion, 31st Infantry, 196th Infantry Brigade on 8 October 1967.

4.  The applicant departed Vietnam on 16 March 1968 after being credited
with participation in two campaigns.

5.  On 20 March 1968, the applicant was honorably released from active
duty, in the rank and grade of Staff Sergeant, E-6, after completing 2
years and 9 months
of creditable active duty with no lost time.  His DD Form 214 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Headquarters, Americal Division General Orders 6265, dated 22 August
1968, awarded the applicant the Bronze Star Medal with “V” device for
heroism on 3 January 1968.

7.  The applicant’s records contain no derogatory information.  His conduct
and efficiency were rated as “excellent” throughout his enlistment.

8.  Army Regulation 600-8-22 (Military Awards) provides for the wear of one
bronze service star on the appropriate service medal, to include the
Vietnam Service Medal, for each campaign participation credited.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

10.  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 4th Battalion, 31st Infantry, it was cited
for award of the Valorous Unit Award for the period 15 November 1967
through 3 February 1968 by Department of the Army General Orders (DAGO)
Number 5, dated 1969.

11.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star
Medal with ”V” device after he was released from active duty.  This award
should be added to his DD Form 214.
2.  The applicant was honorably released from active duty in the rank and
grade of Staff Sergeant, E-6 after completing 33 months of creditable
active service with no lost time.  His records contain no derogatory
information and his conduct and efficiency were rated as “excellent”
throughout his enlistment.  It appears he met the eligibility criteria for
award of the Army Good Conduct Medal.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Valorous Unit Award.  This unit award should be added to
his DD Form 214.

4.  Later, all units assigned to Vietnam were awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should be
added to his DD Form 214.

5.  The applicant was credited with participation in two campaigns;
therefore, he met the eligibility criteria for wear of two bronze service
stars on his Vietnam Service Medal.

BOARD VOTE:

__jev___  __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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the Army Good Conduct Medal (first award) for the
period  21 June 1965 through 20 March 1968; and

     b.  amending his DD Form 214 to add the Bronze Star Medal with “V”
device, the Army Good Conduct Medal, the Valorous Unit Award, and the
Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and to show he is
authorized to wear two bronze service stars on his already-awarded Vietnam
Service Medal.




                            __James E. Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005036                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|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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