RECORD OF PROCEEDINGS


      IN THE CASE OF


      BOARD DATE:           10 February 2004
      DOCKET NUMBER:   AR2003091562

      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. Yvonne J. Foskey              |     |Analyst              |

  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda M. Barker               |     |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, in effect, that his records be corrected to
include all awards and decorations to which he is entitled.

2.  The applicant states, in effect, the he believes his records to be in
error or unjust because all of the awards and citations that he earned
while serving in the Republic of Vietnam (RVN) are not listed on his
separation document (DD Form 214).  He claims that he should be entitled to
the Expert Infantryman Badge (EIB), based on his having received
proficiency pay.  He also claims he received the Combat Infantryman Badge
(CIB) and the Army Commendation Medal (ARCOM).

3.  The applicant also claims that based on the published guidance, he is
entitled to unit awards that include the Presidential Unit Citation (PUC),
Meritorious Unit Commendation (MUC), and Republic of Vietnam Gallantry
Cross (RVNGC) with Palm Unit Citation.  Further, he claims to have
participated in four campaigns and as a result to be entitled to 4 bronze
service stars with his Vietnam Service Medal (VSM).  The applicant finally
refers to his entitlement to RVN Jump Wings and the RVN Wound Medal.

4.  In support of his application, the applicant provides extracts from
Department of the Army Pamphlet 672-3, which identifies unit awards; his 3
October 1969
DD Form 214; CIB orders; ARCOM orders; Proficiency Pay orders; and an
Airborne Course diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred during
his active duty service, which ended on 3 October 1969.  The application
submitted in this case is dated 20 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’s Enlisted Qualification Record (DA Form 20) shows that
he enlisted in the Regular Army and entered active duty on 4 October 1966.
It also shows that he was trained in, awarded, and served in military
occupational specialty (MOS) 11B (Infantryman).
4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows
that he served in the RVN from 30 April 1967 through 28 April 1968.  It
further shows that during this tour, he was assigned to Company C, 4th
Battalion, 503rd Infantry Regiment.  Item 38 also indicates that he
received “Excellent” conduct and efficiency ratings at each of his active
duty assignments.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his tenure on active duty, he earned the following awards:
National Defense Service Medal (NDSM); Purple Heart (PH); VSM; CIB; RVN
Campaign Medal (RVNCM) with 60 Device; Two Overseas Bars; Parachutist
Badge; Expert Marksmanship Qualification Badge with Rifle Bar (M-16);
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) ; and
Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).
It also is void of any documentation that indicates that the applicant was
wounded in action a second time, or that he completed the testing
requirements necessary to receive the EIB.

7.  The MPRJ does contain a copy of Special Orders Number 72, dated
12 March 1968, published by Headquarters 173rd Airborne Brigade, which
awarded the applicant the CIB.  It also contains a copy of General Orders
Number 1230, dated 2 May 1968, published by Headquarters, 173rd Airborne
Brigade, which awarded the applicant the ARCOM, for meritorious service
from April 1967 through April 1968.  It further contains a copy of General
Orders Number 185, dated 1 December 1967, published by the 85th Evacuation
Hospital, which awarded the applicant the PH, for wounds he received in
action on 23 November 1967.  Finally it contains orders awarding the
applicant proficiency pay, effective 1 April 1969, and an Airborne Course
Diploma that shows he completed the airborne course at Fort Benning,
Georgia on 25 March 1967.

8.  On 3 October 1969, the applicant was honorably released from active
duty (REFRAD), by reason of expiration of his term of service.  At the
time, he had completed a total of 3 years of active military service.  The
DD Form 214 issued to him on the date of his separation contained the
following list of awards he earned during his tenure on active duty:  NDSM;
VSM, RVNCM; Parachutist Badge; PH; Expert Marksmanship Qualification Badge
with Rifle Bar (M-16); Sharpshooter Marksmanship Qualification Badge with
Rifle Bar (M-14); and Expert Marksmanship Qualification Badge with Machine
Gun Bar (M-60).

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
RVN.  Appendix B confirms that the applicant was credited with
participation in the following four campaigns during tenure of service in
the RVN:  Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive,
Phase III; TET Counteroffensive; and Vietnam Counteroffensive, Phase IV.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that it is authorized for each 3
years of qualifying honorable service completed on or after 27 August 1940.
 While there is no automatic entitlement to the AGCM, disqualification must
be justified.

11.  Chapter 8 of the awards regulation contains the policy for awarding
combat and special skill badges.  Paragraph 8-8 contains guidance on
awarding the EIB. It states, in pertinent part, that in order to qualify
for the EIB, a member must complete the specific EIB test requirements
prescribed by the United States Army Infantry Center.  The regulation does
not specify that receipt of proficiency pay was ever the established
standard for award of the EIB.

12.  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 unit (4th Battalion, 503rd Infantry
Regiment) earned the following unit awards:  PUC, for the period 6 through
23 November 1967;
MUC, for the period 5 May 1965 through 4 May 1967; and RVNGC with Palm Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that all his awards and citations he earned
in the RVN were not included in the list of awards of his DD Form 214 was
considered and found to have merit.  The evidence of record contains orders
confirming that the applicant earned the CIB and ARCOM, and that these
earned awards were erroneously omitted from his DD Form 214.  Thus, it
would be appropriate to add them to his separation document at this time.

2.  The record further shows that based on his service and campaign
participation in the RVN, the applicant is entitled to the following awards
that were not listed on his separation document:  PUC; MUC; RVNGC with Palm
Unit Citation; and 4 bronze service stars with his VSM.
3.  Further, absent derogatory information on file that would preclude him
from receiving the AGCM or a specific disqualification from any of the
active duty unit commanders for whom he served, the applicant is entitled
to receive the
AGCM, for his qualifying period of honorable active duty service from 4
October 1966 through 3 October 1969.

4.  Although the MPRJ contains orders confirming that the applicant was
awarded proficiency pay on 1 April 1969, there is no indication in the
record that he completed the specific testing requirements necessary to
earn the EIB.  In addition, there are no awards or decorations identified
in the regulation that are identified as RVN Jump Wings or the RVN Wound
Medal, as referred to by the applicant.  However, his record does show that
he earned the PH, for being wounded in action while serving in the RVN and
that he received the Parachutist Badge based on his completion of the
Airborne Course.  The records confirm that these earned awards were
properly included in the list of awards contained on his DD Form 214.

BOARD VOTE:

_RTD___  __JS___  __LB  __     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.  awarding him the Army Good Conduct Medal, for his qualifying
period of honorable active duty service from 4 October 1966 through 3
October 1969;

      b.  showing that he earned the Combat Infantryman Badge and Army
Commendation Medal;


      c.  showing that based on his unit service and campaign participation
in the RVN, he earned the Presidential Unit Citation, Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and 4 bronze service stars for his Vietnam Service Medal; and


      d.  issuing him a corrected separation document that includes these
awards.


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
the Expert Infantryman Badge, RVN Wings, and RVN Wound Medal.




            John N. Slone
                                                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091562                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/02/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/10/03                              |
|DISCHARGE AUTHORITY     |AR635-200                               |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |Partial                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |