RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            01 JULY 2004
      DOCKET NUMBER:   AR2003097858


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Ms. Lana McGlynn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 his records be corrected to reflect the
following awards:

    • Presidential Unit Citation (PUC)
    • Meritorious Unit Commendation (MUC)
    • Valorous Unit Award (VUA)
    • 2 or 3 bronze service stars on his Vietnam Service Medal
    • Republic of Vietnam Gallantry Cross Unit Citation with Palm
    • Republic of Vietnam Civil Actions Honor Medal First Class Unit
      Citation
    • Purple Heart
    • Army Good Conduct Medal
    • Qualification as a sharpshooter with the M-14 rifle, as a marksman
      with the M-16 automatic rifle, and as a First Class Gunner with the M-
      60 machinegun

2.  The applicant states, in effect, that the information was omitted from
his records when he was wounded and when he was discharged.  He states that
he is now filing for additional Department of Veterans Affairs benefits and
received information concerning his entitlement to additional awards after
requesting his records from the National Personnel Records Center.

3.  The applicant provides a copy of his separation document, a copy of a
correction to the separation document showing his correct SSAN (Social
Security Account Number), and extracts from his records confirming some of
his awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 14 August 1968.  The application submitted in this case
is dated
27 October 2003.

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.  Records available to the Board confirm that the applicant was inducted
and entered active duty on 28 March 1966.  While undergoing training, he
qualified as a sharpshooter with the M-14 rifle, as a marksman with the M-
16 automatic rifle, and as a first class gunner (now referred to as a
sharpshooter) with the M-60 machinegun and was awarded the associated
badges and component bars.  Orders issued at Fort Polk, Louisiana,
confirmed the awards.  The applicant’s separation document only reflects
his qualification as a sharpshooter with the
M-14 rifle.

4.  In September 1966 the applicant was assigned to Vietnam as an
infantryman with Company B, 2nd Battalion, 35th Infantry.  On 12 March 1967
he was wounded as a result of hostile action and subsequently transferred,
in a patient status, to various military hospitals and was ultimately
assigned to the medical holding company at Fort Gordon, Georgia.

5.  Orders issued by the 106th General Hospital confirmed the applicant’s
award of the Purple Heart.  The award, however, was omitted from the
applicant’s separation document.

6.  On 14 August 1968 the applicant was medically retired by reason of his
service incurred disabilities.  His separation document reflects
entitlement to the National Defense Service Medal, Combat Infantryman
Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and his
qualification as a sharpshooter with the rifle.

7.  A review of Department of the Army Pamphlet 672-3 notes that the
applicant would have participated in one designated campaign period
(Vietnam Counteroffensive) which was underway at the time the applicant
arrived in Vietnam in September 1966 and continued after the applicant was
wounded in action on 12 March 1967 and medically evacuated.  His campaign
participation should be reflected by one bronze service star on his Vietnam
Service Medal.

8.  The pamphlet also confirms that the applicant is entitled to the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, which was
awarded to the 1st Battalion, 35th Infantry, while the applicant was a
member of the organization.

9.  Although the pamphlet does note that the applicant’s unit was also
awarded a Presidential Unit Citation (28-29 May 1966), Meritorious Unit
Commendation
(1 November 1967-30 April 1968), Valorous Unit Award (22 April-20 August
1967), and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit





Citation (1 August 1967-31 October 1969), those awards were received either
prior to the date the applicant was assigned or after he was medically
evacuated. In order to be permanently awarded those unit awards, the
applicant would need to have been present for duty at some time during the
period recognized by the award.

10.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in action and
awarded the Purple Heart.  His records should be corrected accordingly.

2.  While the evidence does confirm that the applicant qualified as a
sharpshooter with the M-14 rifle, as a marksman with the M-16 automatic
rifle, and as a first class gunner (now referred to as a sharpshooter) with
the M-60 machinegun, and was awarded the associated badges and component
bars, only his qualification with the machinegun and automatic rifle were
omitted from his separation document.

3.  The evidence shows that the applicant was a member of the 2nd
Battalion, 35th Infantry, during the period for which it was awarded the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.  However,
unfortunately, he was not a member of the organization when it was awarded
the PUC, MUC, VUA, or the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.






4.  The evidence shows that he would have participated in one designated
campaign period prior to being wounded in action, not the two or three he
believes he may have participated in.  His records should be corrected to
reflect one bronze service star on his Vietnam Service Medal denoting his
participation in that single campaign period.

5.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 14 August 1968.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 28 March 1966 through
14 August 1968.

BOARD VOTE:

__LM____  ___LS __  ___JM __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  showing that he was awarded the Purple Heart;


      b.  showing that he qualified as a marksman with the M-16 automatic
rifle, and as a first class gunner (now referred to as a sharpshooter) with
the M-60 machinegun and was awarded the associated badges and component
bars;


      c.  showing he is entitled to the Republic of Vietnam Gallantry Cross
Unit Citation with Palm and one bronze service star on his Vietnam Service
Medal; and


      d.  awarding him the Army Good Conduct Medal for the period 28 March
1966 through 14 August 1968.



2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
entitlement to additional service stars on his Vietnam Service Medal, and
award of the PUC, MUC, VUA, and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.





            _____Lana McGlynn______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097858                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040701                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |