RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 February 2006
      DOCKET NUMBER:  AR20050007240


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. David R. Gallagher            |     |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 be added
to his DD Form 214, Armed Forces of the United States, Report of Transfer
or Discharge.

2.  The applicant states, in effect, that he earned the Bronze Star Medal
and it was awarded to him but, it was never added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of the award
certificate for the Bronze Star Medal, and a copy of a citation for this
award, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 21 August 1970, the date he was released from active duty.  The
application submitted in this case is dated 2 May 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the Regular Army
for 2 years on 22 August 1968.  He completed his basic combat and his
advanced individual training at Fort Ord, California.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 13A, Field Artillery Basic.

4.  The applicant was assigned to Vietnam and he arrived there on 8 March
1969. He was assigned to Battery D, 3rd Battalion, 319th Field Artillery
Regiment.  The applicant served with this unit until 6 March 1970 when he
was reassigned to the United States to complete his active duty service
obligation.

5.  The applicant was released from active duty on 21 August 1970, under
the provisions of Army Regulation (AR) 635-200, at the expiration of his
term of
service, in the rank and pay grade of Specialist Four, E-4, with 2 years
active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal, the Vietnam Service Medal,
the Republic of Vietnam Campaign Medal, and the Parachutist Badge.  The
Bronze Star Medal is not shown among these awards.

7.  In a DD Form 215, Correction to DD Form 214, the Army Commendation
Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross,
with Palm Unit Citation; and the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar were added to the applicant's DD Form 214.  The
Bronze Star Medal was not added to the applicant's DD Form 214.


8.  The applicant provided a copy of an awards certificate and a copy of
a citation for the Bronze Star Medal in support of his application to
show that he was awarded the Bronze Star Medal.  However, there are no
orders in the applicant's service personnel records to show that he was
awarded the Bronze Star Medal. There is no entry in Item 41 (Awards and
Decorations), of the applicant's DA Form 20, Enlisted Qualification
Record, showing he was awarded the Bronze Star Medal.

9.  The citation the applicant provided states that the Bronze Star Medal
was awarded for outstandingly meritorious service in connection with
military operations against a hostile force in the Republic of Vietnam
for the period March 1969 to March 1970.

10.  The award certificate the applicant provided states that the Bronze
Star Medal was awarded for meritorious achievement in ground operations
against hostile forces in the Republic of Vietnam during the period March
1969 to March 1970.

11.  General Orders Number 433, Headquarters, 173rd Airborne Brigade,
dated 5 March 1970, show the applicant was awarded the Army Commendation
Medal, for meritorious service, for the period March 1969 to March 1970.
A copy of a corresponding citation and award certificate are in the
applicant's service personnel records.  This award was added to the
applicant's DD Form 214 as indicated in paragraph 7 above.
12.  A search of the general orders consolidation maintained by the Award
Branch, Human Resources Command, was made for orders awarding the Bronze
Star Medal to the applicant; however, this search failed to reveal that
such orders were published.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

14.  While in Vietnam, the applicant participated in the following three
campaigns: the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; and the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

16.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by
units serving in Vietnam, shows the unit the applicant was assigned to
was awarded the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 15 April 1969 through 16 March 1971,
by Department of the Army General Order (DAGO) Number 5, dated 1973.
This unit award is not shown on his DD Form 214.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

18.  Army Regulation 670-1, in effect at the time, governed the
requirements for the Overseas Service Bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is
authorized for each six-month period served in the Republic of Vietnam.  To
calculate the entitlement, both the month of arrival and month of departure
are counted as a whole month no matter the number of days in that month
that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  It appears from the evidence that the applicant was recommended for
award of the Bronze Star Medal for the period March 1969 to March 1970.  It
further appears the recommendation for this award was downgraded to an Army
Commendation Medal.

2.  The applicant was awarded the Army Commendation Medal for meritorious
service for the period March 1969 to March 1970.  General orders, a
citation, and a copy of the award certificate are in his service personnel
records.  This award was added to his DD Form 214 through preparation and
distribution of a DD Form 215.

3.  Based on the available evidence, the applicant is not entitled to have
the Bronze Star Medal added to his DD Form 214.

4.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

5.  The applicant served in a unit that was awarded the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation.  He is entitled to
this unit award and to have it added to his DD Form 214.

6.  The applicant served in Vietnam from March 1969 through March 1970.
Because both the month of arrival and the month of departure are included
in the calculation to determine award of overseas service bars, the
applicant is therefore entitled to award of two overseas service bars and
to have these bars added to his DD Form 214

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.
8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 August 1973.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _cd  ____  __DRG __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with three bronze service stars;
b.  awarding the applicant the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding this award to his DD Form
214; and


      c.  awarding the applicant two overseas service bars and, adding these
bars to his DD Form 214.




                                  _____Kenneth L. Wright_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007240                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   60                 |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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