RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070005538


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms Linda D. Simmons               |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in effect, that the Bronze Star Medal he received
was not annotated on his DD Form 214 (Armed Forces of the United Stated
Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of his
application and a copy of General Orders Number 468, dated 1 April 1969.

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 is requesting correction of an alleged error or injustice
which occurred on 22 March 1969.  The application submitted in this case is
dated
28 March 2007.

3.  The applicant's record shows that he was inducted in the Army of the
United States on 10 August 1967.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman). The highest grade held was
Specialist (SPC).

4.  The applicant's DA Form 20 shows that he served in the Republic of
Vietnam (RVN) from 23 March 1968 through 22 March 1969 and during this
period he was assigned to Headquarters and Headquarters Company, 1st
Battalion, 505th Infantry Regiment, performing duties in MOS 11B, Rifleman.




5.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated
in the TET Counter Offensive Campaign while assigned to the RVN.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  the
National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the
RVN Campaign Medal, the Army Commendation Medal (ARCOM), and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  On 22 March 1969, the applicant was honorably discharged and
transferred to the United States Army Reserves (USAR) after completing
2 years of active military service.

8.  General Orders Number 468, Headquarters, 3d Brigade, 82nd Airborne
Division, dated 1 April 1969, shows that the applicant was awarded the
Bronze Star Medal.

9.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 also shows the unit to which the
applicant was assigned, the 1st Battalion, 505th Infantry Division, was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 6 October 1968 to 11 November 1969 by Department of
the Army General Orders Number 43, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows the unit to which the
applicant was assigned, the 1st Battalion, 505th Infantry Division, was
cited for award of the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation for the period 12 March to 4 October 1968 by Department
of the Army General Orders Number 48, dated 1971.

12. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the
applicant participated in five campaigns during his tour in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  Army
Regulation 600-8-22, also provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.



13.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.  It
states, in pertinent part, that one bronze service star is authorized with
this award for each RVN campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and
it shows that during his tenure of assignment, the applicant was credited
with participating in the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV the Vietnam Counteroffensive Phase V, the Vietnam
Counteroffensive Phase VI, and the TET 69 Counteroffensive Campaigns.

14.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as whole months for credit
toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Bronze Star
Medal.

2.  General Orders Number 468, show the applicant was awarded the Bronze
Star Medal which is not shown on his separation document.  Therefore, he is
entitled to correction of his records to show this award.

3.  General Orders show the applicant’s unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this award.

4.  General Orders show that the applicant was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this award.

5.  Records show the applicant participated in five campaigns during his
service in Vietnam.  Therefore, he is entitled to correction of his record
to show award of
one silver service star to be affixed to his already awarded VSM.

6.  The applicant’s record shows that he completed two periods of
qualifying active federal service in the Republic Vietnam.  Therefore, he
is eligible for award of two Overseas Service Bars.



BOARD VOTE:

___LDS _  ___FCJ _  ___CD __  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Bronze Star
Medal, one silver service star to be affixed to his VSM, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.




                                      __Linda D. Simmons_ __
                                            CHAIRPERSON
INDEX

|CASE ID                 |AR20070005538                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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