RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 APRIL 2005
      DOCKET NUMBER:  AR20040003513


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Curtis Greenway               |     |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 that his separation document be corrected to
reflect award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal after he was
discharged.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 May 1966.  The application submitted in this case is
dated
25 June 2004.

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 limitations 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 indicate that the applicant entered
active duty on 3 June 1963 and arrived in Vietnam in August 1965.  He was
assigned to the 1st Battalion, 8th Cavalry, where he remained for the
duration of his service in Vietnam.  He was, however, in a patient status
for 2 months between December 1965 and February 1966 after being wounded as
a result of hostile action.

4.  The applicant departed Vietnam in May 1966 and on 26 May 1966 he was
released from active duty, in pay grade E-5, with an honorable
characterization of service.

5.  On 23 June 1966, after the applicant had already been released from
active duty, orders were issued awarding him the Bronze Star Medal for
meritorious service during the period 2 August 1965 through 23 May 1966.
Because the applicant had already been released from active duty at the
time the orders were published, the applicant’s award of the Bronze Star
Medal was not recorded on his separation document.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam Defense
Campaign and Vietnam Counteroffensive) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded a Presidential Unit Citation and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his
tenure with the organization.  The unit awards were also omitted from his
separation document.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam
awarded this medal to all members of the Armed Forces of the United States
for qualifying service in Vietnam during the period 1 March 1961 through 28
March 1973.  Qualifying service included assignment in Vietnam for 6 months
or service outside the geographical limits of the Republic of Vietnam that
contributed direct combat support to the Republic of Vietnam and its Armed
Forces.  Individuals who had qualified for award of the Vietnam Service
Medal or the Armed Forces Expeditionary Medal and were evacuated prior to
completing six months of service due wounds resulting from hostile action
were entitled to award of the Vietnam Campaign Medal.

8.  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.

9.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Bronze Star
Medal, which was omitted from his separation document.

2.  The evidence also confirms that the applicant is entitled to two bronze
service stars on his Vietnam Service Medal, a Presidential Unit Citation,
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Vietnam Campaign Medal.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 26 May 1966.  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 3 June 1963 through 26 May 1966.

BOARD VOTE:

__JS____  __SP ___  ___CG __  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:

      a.  by showing that he was awarded a Bronze Star Medal;


      b.  by showing that he is entitled two bronze service stars on his
Vietnam Service Medal, a Presidential Unit Citation, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Campaign
Medal; and


      c.  by awarding him the Army Good Conduct Medal for the period 3 June
1963 through 26 May 1966.






                            _______John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003513                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050412                                |
|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.                      |                                        |


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