RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 February 2004
      DOCKET NUMBER:   AR2003091199


      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. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Mae M. Bullock                |     |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 correction of his records and DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show award
of the Bronze Star Medal.

2.  The applicant states, in essence, that he has pictures to prove he
received the Bronze Star Medal when he was at Fort Jackson, South Carolina.
 He hopes award of the Bronze Star Medal will help to prove service
connection for post-traumatic stress disorder by showing he was under
attack by enemy forces.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 25 July 1969.  The application submitted in this case is dated
4 May 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.  The applicant has requested correction of his records to show award of
the Bronze Star Medal.  There are no orders or evidence to support the
applicant’s contentions, which authorizes award of this decoration.  In the
absence of a proper award authority for this decoration, the applicant may
request award of the Bronze Star Medal under the provisions of Section 1130
of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, it will not be discussed further in
this Record of Proceedings.

4.  The applicant was inducted into the Army of the United States on 28
July 1967.  He was trained as a cook in military occupational specialty
(MOS) 94B.  He was assigned to Vietnam on 17 December 1967.  He served with
the 37th Medical Company, 11th Armored Cavalry Regiment from 21 December
1967 to 16 December 1968.  He performed duties associated with his MOS.  He
was credited with participation in two campaigns:  Vietnam
Counteroffensive, Phase III; and Tet Counteroffensive.

5.  On 19 January 1969, the applicant returned to the United States and was
assigned to Fort Jackson.
6.  On 25 July 1969, the applicant was honorably separated.  His DD Form
214 shows that he was awarded the National Defense Service Medal, Vietnam
Campaign Medal with 60 Device, Vietnam Service Medal, two Overseas Service
Bars, and the Marksman Marksmanship Qualification Badge (M-14 Rifle).  The
Good Conduct Medal is not shown as authorized award.

7.  The applicant's record contains no evidence of derogatory information,
nor is there any evidence to show his unit commander disqualified him for
award of the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal, service medals and service ribbons, combat
and special skill badges and tabs, unit decorations, and trophies and
similar devices awarded in recognition of accomplishments.  It provides
that the Good Conduct Medal 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.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.


9.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists awards received by units serving in
Vietnam.  This document shows that Department of the Army General Order
Number 12, dated 1969, awarded the applicant's unit the Valorous Unit Award
for the period 31 January-5 February 1968.  This document also shows
Department of the Army General Order Number 60, dated 1969, awarded the
applicant's unit the Vietnam Gallantry Cross Unit Citation with Palm for
the period 7 September 1966-10 August 1968.  The applicant's DD Form 214
does not show these awards.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was involved in any misconduct, nor
is there evidence his unit commander ever denied him award of the Good
Conduct Medal.  Therefore, it would be appropriate to correct his record to
show award of the Good Conduct Medal for the period from 28 July 1967 to 25
July 1969.

2.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to 2 bronze service stars for wear on his Vietnam
Service Medal.

3.  The evidence also supports that the applicant's record should be
corrected to show award of the Valorous Unit Award and the Vietnam
Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__aao___  __jtm___  __mmb___  GRANT 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 showing award of the Good Conduct
Medal for the period from 28 July 1967 to 25 July 1969; the Valorous Unit
Award for the period 31 January-5 February 1968; the Vietnam Gallantry
Cross Unit Citation with Palm for the period 7 September 1966-10 August
1968; and 2 bronze service stars for wear on his Vietnam Service Medal.



                             Arthur A. Omartian
                       ______________________
                               CHAIRPERSON




INDEX

|CASE ID                 |AR2003091199                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040226                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0033                                |
|3.                      |107.0056                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |