RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 February 2008
      DOCKET NUMBER:  AR20070013416


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Laverne M. Douglas            |     |Member               |
|     |Mr. John G. Heck                  |     |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 that the Bronze Star Medal be added to his DD
Form 214 (Armed Forces of the United States Report of Transfer of
Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides his DD Form 214 and a Bronze Star Medal award
certificate.

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 was inducted into the Army on 7 September 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 94A (Food Service Apprentice).

3.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Battery, 1st Battalion, 321st Artillery on 19 December 1968.

4.  Headquarters, 101st Airborne Division General Orders Number 8620, dated
10 July 1969, awarded the applicant the Bronze Star Medal for meritorious
service.

5.  The applicant departed Vietnam on 21 August 1969 after being credited
with participation in three campaigns.

6.  The applicant was released from active duty on 27 August 1969.  His
     DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
device (1960), the Sharpshooter Marksmanship Qualification Badge (M-14) and
the Expert Marksmanship Qualification Badge (M-16).
7.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation.  Authorized bronze service stars will be
worn on the appropriate campaign or service medal, including the Vietnam
Service Medal.

8.  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 1st Battalion, 321st Artillery, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 15 December 1968 through 14 May 1969 by Department
of the Army General Orders (DAGO) Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 1st Battalion, 321st Artillery, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO
Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal on orders dated 10 July
1969.  Therefore, this award should be added to his DD Form 214.

2.  The applicant was credited with participation in three campaigns.
Therefore, he is eligible to wear three bronze service stars on his Vietnam
Service Medal and his DD Form 214 should be amended to reflect this fact.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  These unit awards should also be added to his DD Form 214.

BOARD VOTE:

__lds___  __lmd___  __jgh___  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
amending his DD Form 214 to add the Bronze Star Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he
is eligible to wear three bronze service stars on his already-awarded
Vietnam Service Medal.




                            __Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013416                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20080226                                |
|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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