RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 January 2006
      DOCKET NUMBER:  AR20050007927


      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. Terry L. Placek               |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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, in effect, that the already-awarded 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 was awarded the Bronze Star
Medal but it is not indicated on his DD Form 214.

3.  The applicant submits a copy of his DD Form 214 and a copy of a
citation for award of the Bronze Star Medal to him in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 16 October 1968, the date he was released from active duty.
The application submitted in this case is dated 16 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 was inducted into the Army of
the United States on 17 October 1966.  He completed his basic combat and
his advanced individual training at Fort Knox, Kentucky.  After completing
all required training, he was awarded the military occupational specialty
(MOS), 63B (Wheeled Vehicle Mechanic).

4.  The applicant served in Vietnam from 30 March 1967 through 26 March
1968, with the 513th Engineer Company, 84th Engineer Battalion; and with
Troop C, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.

5.  The applicant was honorably released from active duty, on 16 October
1968, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Specialist Five, E-5.  On the date he was released from active
duty, he had completed 2 years active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Marksman
Marksmanship Qualification Badge, with Rifle Bar; and one overseas service
bar.  The Bronze Star Medal is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, Enlisted Qualification Record, showing the applicant was awarded the
Bronze Star Medal.

8.  There are no orders in the applicant's military personnel records
awarding him the Bronze Star Medal.

9.  The citation shows the applicant was awarded the Bronze Star Medal, for
meritorious achievement in ground operations against hostile forces during
the period March 1967 to March 1968 in the Republic of Vietnam.  The
citation was signed on 31 March 1968.

10.  Based on the availability of the above information, a request for a
search of the Awards and Decorations Computer Assisted Retrieval System
(ADCARS) was made for orders to support addition of the Bronze Star Medal
to the applicant's DD Form 214.  The Awards Branch, Human Resources
Command, found and provided General Orders Number 1974, published by
Headquarters, 1st Cavalry Division (Airmobile), on 31 March 1968, to
support addition of the Bronze Star Medal to the applicant's DD Form 214.

11.  The applicant was awarded the Good Conduct Medal for the period 17
October 1966 to 16 October 1968 by General Orders 164, Headquarters US
Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri,
dated 26 September 1968.  This award is not shown on his DD Form 214.

12.  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.

13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968; and the Tet Counteroffensive, which extended from 30 January
through 1 April 1968.

14.  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.

15.  Department of the Army (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 that the unit the
applicant was assigned to, was awarded the Valorous Unit Award, for the
period 1 through 31 October 1967, by Department of the Army General Order
(DAGO) Number 37, dated 1970.  This unit award is not shown on his DD Form
214.

16.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.  The applicant is also entitled to
this unit award and to have it added to 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.  The applicant was awarded the Bronze Star Medal, for meritorious
achievement, while he served in Vietnam.  The 1st Cavalry Division
published orders awarding the Bronze Star Medal to the applicant.  The
applicant is therefore entitled to have this award added to his DD Form
214.

2.  The applicant was awarded the Good Conduct Medal for the period 17
October 1966 to 16 October 1968.  This award was inadvertently omitted from
his DD Form 214 when he was released from active duty.  It would be
appropriate to add this award to his DD Form 214 at this time.

3.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, as opposed to just the Vietnam Service Medal now
shown on his DD Form 214 and to have this award added to his DD Form 214.

4.  The applicant served in a unit, which was awarded the Valorous Unit
Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; while he was a member of the unit.  These unit awards are not
shown on his DD Form 214.  He is entitled to these unit awards and to
have them added to his DD Form 214.

5.  The applicant served in Vietnam from 30 March 1967 through 26 March
1968. 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.

BOARD VOTE:

__tlp___  __Bpi____ _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 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:

      a.  deleting the Vietnam Service Medal and the one overseas service
bar from the applicant's DD Form 214;

      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; the Valorous Unit Award; two overseas service
bars; and three bronze service stars to be affixed to the Vietnam Service
Medal; and adding these awards to his DD Form 214; and

      c.  adding the already-awarded Bronze Star Medal and the Good
Conduct Medal to the applicant's DD Form 214.




                            ___     Terry L. Placek__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007927                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060131                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  79   |107.0000                                |
|2.   60                 |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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