RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2008
      DOCKET NUMBER:  AR20070016375


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Laverne M. Douglas            |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 the Bronze Star Medal (BSM),
Air Medal (AM), and Combat Infantryman Badge (CIB) be added to the list of
awards contained in Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of his 9 May 1969
Separation Document (DD Form 214).

2.  The applicant states, in effect, he was awarded the BSM, AM and CIB
while serving on active duty and these awards were erroneously omitted from
the list of awards contained on his separation document.  He states he also
has a BSM with "V" (Valor) Device, which is listed on the DD Form 214.

3.  The applicant provides the following documents in support of his
application:  BSM Orders; AM Orders; and 9th Infantry Division Combat
Service 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's record shows that he was inducted into the Army and
entered active duty on 9 May 1969.  He was trained in and awarded military
occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), 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 6 March 1968 through 1 March
1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company D, 1st Battalion, 16th Infantry Regiment, 1st
Infantry Division through 20 October 1968, and to Company D, 5th Battalion,

60th Infantry Regiment, 9th Infantry Division from 21 October 1968 through
1 March 1969.  In both organizations, the applicant performed duties in MOS
11C, as an assistant gunner, gunner, and radio operator.
4.  Item 38 of the applicant's DA Form 20 also shows that he received no
less than "Excellent" conduct and efficiency ratings at all of his active
duty assignments.  Item 40 (Wounds) shows he received a fragmentation wound
to the shoulder on 15 February 1969, and Item 41 (Awards and Decorations)
shows he earned the following awards during his active duty tenure:
National Defense Service Medal (NDSM); BSM; Purple Heart (PH); Vietnam
Service Medal (VSM); RVN Campaign Medal with 1960 Device; RVN Gallantry
Cross with Palm Unit Citation; CIB; Expert Marksmanship Qualification Badge
with Rifle (M-16) and Mortar Bars; and Sharpshooter Marksmanship
Qualification Badge with Rifle
(M-14) Bar.  The CIB entry indicates it was awarded in 1st Infantry
Division Special Orders Number 143, dated 22 May 1968.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or a unit commander disqualification that would have precluded the
applicant from receiving the AGCM.  It does contain orders awarding the
applicant the CIB, dated 22 May 1968.  It also includes orders, dated 4
March 1969, which awarded him the AM for meritorious achievement while
participating in aerial flight from 5 September through 16 November 1969.
The MPRJ also contains orders, dated 7 February 1969, which awarded the
applicant the BSM, for meritorious service during the period March 1968 to
January 1969, and orders, dated 3 April 1969, which awarded him the BSM
with "V" Device, for heroism in connection with military operations in the
RVN on 15 February 1969.

6.  On 9 May 1969, the applicant was honorably released from active duty
after completing 1 year, 5 months, and 21 days of active military service.
Item 24 of the DD Form 214 he was issued shows he earned the following
awards:  NDSM; VSM; RVNCM with 60 Device; BSM; PH; Expert Marksmanship
Qualification Badge with Rifle (M-16) and Mortar Bars; and Sharpshooter
Marksmanship Qualification Badge with Rifle (M-14) Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 contains guidance on award of the VSM.  It 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. A silver service star is used in lieu of 5 bronze service stars
to denote participation in 5 campaigns.

8.  Paragraph 3-14 of the awards regulation outlines the criteria for award
of the BSM.  It states, in pertinent part, that it is awarded for
meritorious service, meritorious achievement, or acts of heroism, and that
a "V" Device is authorized with the award to denote an award for act of
heroism (valor).  It further stipulates that an Oak Leaf Cluster is awarded
to denote a second or subsequent award of the BSM.
9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (16th and 60th Infantry
Regiments) received the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.  It also shows that
during his tenure of assignment in the RVN, participation credit was
granted for the TET Counteroffensive, Vietnam Counteroffensive Phase IV,
Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and
TET 69 Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the BSM 1st Oak Leaf
Cluster with "V" Device (2nd Award), AM, and CIB was carefully considered
and found to have merit.  The applicant's MPRJ contains orders that confirm
the applicant was awarded these decorations by proper authority while
serving on active duty. As a result, it is concluded they were erroneously
not included in the list of awards contained in Item 24 of his DD Form 214
and should be added at this time.

2.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award the applicant the first award of the AGCM,
for his qualifying period of honorable active duty service from 19
September 1967 through 9 May 1969.

3.  The applicant's record also shows that based on his RVN service and
campaign participation, he is entitled to the RVN Civil Actions Honor Medal
First Class Unit Citation and 1 silver service star with his VSM that were
not included in Item 24 of his DD Form 214.  Therefore, it would also be
appropriate to add these awards to his separation document at this time.

BOARD VOTE:

__JTM __  __LMD __  __JRM__  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, for his qualifying
honorable active duty service from 19 September 1967 through 9 May 1969;

      b.  amending Item 24 of his 9 May 1969 DD Form 214 by deleting the
current Bronze Star Medal entry and replacing it with the entry "Bronze
Star Medal 1st Oak Leaf Cluster with "V" Device (2nd Award)", and adding
the
Air Medal, Army Good Conduct Medal, Combat Infantryman Badge, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver
service star to be affixed to his Vietnam Service Medal; and

      c.  providing him a correction to his separation document that
includes these changes.




                            _____John T. Meixell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016375                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/05/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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