RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 March 2008
      DOCKET NUMBER:  AR20070014115


      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          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his 28 October 1971 Separation Document (DD Form 214) be
corrected to reflect all awards listed on a 14 September 2007 National
Personnel Records Center (NPRC) Letter.

2.  The applicant states, in effect, his DD Form 214 should be updated to
reflect the awards listed in the NPRC letter, dated 14 September 2007.  He
claims that most of these awards are not listed on his separation document.


3.  The applicant provides the 14 September 2007 NPRC Letter 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 that he was inducted into the Army and
entered active duty on 9 December 1969.  He was trained in and awarded
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 20 October 1970 through 15
October 1971.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Company A, 1st Battalion, 61st Infantry Regiment,
from 6 November 1970 through 29 July 1971; and to Troop A and Troop B, 1st
Squadron,
10th Cavalry Regiment, from 30 July through 6 October 1971.  In both his
RVN units, he performed duties in MOS 11B as an infantry rifleman and squad
leader.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB);
Bronze Star Medal (BSM) with "V" (Valor) Device; RVN Campaign Medal with
Device; Marksman Marksmanship Qualification Badge with Rifle Bar; and
2 Overseas Bars.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 1st Infantry Brigade, 5th Infantry Division Special Orders
Number 29, dated 29 January 1971, which awarded the applicant the CIB,
effective
11 January 1971.  It also contains Headquarters, 1st Infantry Brigade,
5th Infantry Division General Orders Number 758, dated 19 May 1971, which
awarded the applicant the BSM with "V" Device, for his heroism in
connection with ground operations against a hostile force in the RVN on 23
March 1971.

6.  On 28 October 1971, the applicant was honorably separated, in the rank
of SGT, after completing 1 year, 10 months, and 17 days of creditable
active military service.  Item 24 of the DD Form 214 he was issued shows he
earned the following awards:  NDSM; VSM; RVN Campaign Medal with 60 Device;
BSM; Marksman Marksmanship Qualification Badge with Rifle Bar; and 2
Overseas Bars.

7.  On 14 September 2007, the NPRC issued a letter authorizing the shipment
of the BSM with "V" Device, NDSM; VSM with 2 bronze service stars, CIB, RVN
Campaign Medal with 60 Device and Marksman Marksmanship Qualification Badge
with Automatic Rifle Bar.  This letter also indicated that the applicant
was authorized the RVN Gallantry Cross with Palm Unit Citation; however,
this foreign award was not issued by Department of the Army.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM and 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.  Table B-1 contains a list of RVN campaigns and shows that
during the applicant's tenure of assignment in the RVN, participation
credit was granted for the Vietnam Counteroffensive Phase VII and
Consolidation I campaigns.

9.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

The applicant's contention that all the awards listed on the NPRC letter he
was issued should be added to Item 24 of his DD Form 214 was carefully
considered and found to have merit.  The evidence of record includes orders
confirming the applicant was awarded the BSM with "V" Device and CIB.  It
also shows that based on his RVN service and campaign participation, the
applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation
and 2 bronze service stars with his VSM.  Therefore, it would be
appropriate to correct his DD Form 214 to reflect all of these earned
awards.

BOARD VOTE:

___JEA _  __WDP__  __JLP __  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 28 October 1971 DD Form 214 by deleting the current entry in
Item 24 and replacing it with the entry "National Defense Service Medal,
Bronze Star Medal with "V" Device, Vietnam Service Medal with 2 bronze
service stars, Republic of Vietnam Campaign Medal with 60 Device, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman
Badge, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar,
and 2 Overseas Service Bars; and by providing him a correction to his
separation document that includes this change.




                            _____James E. Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014115                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/10/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Rel from Med Hold                       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 1021  |100.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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