RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 MARCH 2005
      DOCKET NUMBER:  AR20040003572


      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. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Susan Powers                  |     |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 records be corrected to reflect
multiple awards associated with his service in Vietnam.

2.  The applicant states he was assigned to the “Mobile Reverine [sic]
Force,” Company C, 3rd Battalion, 39th Infantry Regiment, 9th Infantry
Division in Vietnam between March 1968 and December 1968.  He states based
on his service with the 9th Infantry Division he is entitled to a
Meritorious Unit Commendation, that based on his service with the 39th
Infantry Regiment he is entitled to a Valorous Unit Citation, two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  He states that as a result of his attachment to the “River Assault
Flotilla One, Task Force 117,” he is entitled to a Navy Unit Commendation
and a Joint Service Commendation Medal.

4.  He states that based on his Combat Infantryman Badge he is entitled to
a Combat Action Ribbon and cites a Navy regulation which indicates that
“personnel who earned the Combat Infantry Badge or Combat Medical Badge
while a member of the United States Army may be authorized to wear the CAR
(Combat Action Ribbon).”

5.  He states that he should be awarded an Air Medal, the Army Good Conduct
Medal, four bronze service stars on his Vietnam Service Medal, two awards
of the Purple Heart, and that the 1960 device should be added to his
Vietnam Campaign Medal.

6.  The applicant provides extracts from various Army regulations in
support of his request and a copy of orders awarding him his second Purple
Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1969.  The application submitted in this
case is dated
10 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.  The applicant requested correction of his records to show award of the
Air Medal and a Joint Service Commendation Medal.  There are no orders or
other evidence authorizing award of these decorations.  In the absence of a
proper award authority for these decorations, the applicant may request
award of the Air Medal and the Joint Service Commendation 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 these decorations under Section 1130 and, as a result, the issue of
awarding him an Air Medal and the Joint Service Commendation Medal will not
be discussed further in the Record of Proceedings.

4.  Records available to the Board indicate that the applicant entered
active duty on 26 September 1967.  In January 1968, while undergoing
training, he qualified as a marksman with the M-16 automatic rifle and was
awarded the associated badge and component bar.  Orders issued at Fort
Jackson, South Carolina confirmed the award but the information was omitted
from his separation document.

5.  In March 1968 the applicant was assigned as a rifleman to Company C,
3rd Battalion, 39th Infantry, 9th Infantry Division in Vietnam.  His
records confirm that he was wounded twice as a result of hostile action and
awarded the Purple Heart.  Orders issued by the 3rd Field Hospital and the
24th Evacuation Hospital confirmed his awards.  However, his separation
document reflected award of only one Purple Heart.

6.  The applicant remained assigned to the 39th Infantry until December
1968 when he was medically evacuated as a result of his wounds sustained in
early December 1968.  He subsequently returned to duties as a drill
sergeant at Fort Dix, New Jersey, and on 25 September 1969 he was released
from active duty, in pay grade E-4, with an honorable characterization of
service.

7.  His separation document reflects entitlement to the National Defense
Service Medal, Vietnam Service Medal, Combat Infantryman Badge, one Purple
Heart, the Vietnam Campaign Medal, one overseas bar, qualification as a
sharpshooter with the M-14 rifle, and a “Vietnam Unit Citation.”

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have been
credited with participating in four designated campaigns (TET
Counteroffensive, and Vietnam Counteroffensive Phases IV, V and VI) during
his period of assignment in Vietnam.  Four bronze service stars on the
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation.

9.  Department of the Army Pamphlet 672-3 also confirms that the 39th
Infantry Regiment was awarded a Valorous Unit Award, a Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.  It is
possible that the “Vietnam Unit Citation” reflected on his separation
document was meant to indicate either entitlement to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm or the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  The current version
(January 1988) of the pamphlet does indicate that elements of the 9th
Infantry Division were awarded a Meritorious Unit Commendation; the entire
division was not awarded such a decoration.  However, the pamphlet does
indicate that the “United States Army Security Detachment” of the 9th
Infantry Division was awarded a Meritorious Unit Commendation.
Additionally, there is no indication that either the 9th Infantry Division
or the 39th Infantry Regiment was ever awarded a Navy Unit Commendation.

10.  Army Regulation 600-8-22 notes the Republic of Vietnam Campaign Medal
with Device (1960), recorded as the “Vietnam Campaign Medal” on the
applicant’s separation document, is awarded by the Government of the
Republic of Vietnam to members of the United States Armed Forces.

11.  The Combat Action Ribbon is a Navy decoration, and while it may be
awarded to former members of the United States Army who were awarded the
Combat Infantryman Badge or the Combat Medical Badge, it is only awarded
when such individuals are members of the United States Navy, Marine Corps,
or Coast Guard.

12.  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.

13.  Although the applicant’s conduct and efficiency ratings are all
excellent, in October 1968 the applicant was punished under Article 15 of
the Uniform Code of Military Justice for failing to “maintain the police of
the company area” as he was ordered to do.  His punishment was to forfeit
$45.00 for one month.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded two awards of the
Purple Heart, that he is entitled to four bronze service stars on his
Vietnam Service Medal, a Valorous Unit Award, two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records
should be corrected accordingly.

2.  In correcting his separation document, the entry “Vietnam Unit
Citation” was likely intended to indicate entitlement to either the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or
a Republic of Vietnam Gallantry Cross Unit Citation with Palm and as such
should be deleted when the new correct unit decorations are added.

3.  Additionally, his “Vietnam Campaign Medal” should be replaced by the
correctly worded “Republic of Vietnam Campaign Medal with Device 1960.”

4.  The evidence confirms that the applicant qualified as a marksman with
the
M-16 automatic rifle and was awarded the associated badge and component
bar. His record should be corrected accordingly.

5.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 25 September 1969.  While he may have had one
infraction, which resulted in nonjudicial punishment, it is noted that he
continued to receive excellent conduct and efficiency ratings, attained the
rank of E-4, and was awarded not only the Combat Infantryman Badge, but
also two awards of the Purple Heart.  In view of the foregoing, it can be
concluded 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 26 September 1967
through 25 September 1969.

6.  Unfortunately, there is no evidence which confirms that the applicant
is entitled to a Meritorious Unit Commendation or a Navy Unit Commendation.
 Additionally, he is not eligible for the Combat Action Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___PM __  ___SP __  GRANT PARTIAL 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:

      a.  by showing that he was awarded two awards of the Purple Heart;

      b.  by showing he is entitled to four bronze service stars on his
Vietnam Service Medal

      c.  by deleting the entry “Vietnam Unit Citation” and showing that he
is entitled to a Valorous Unit Award, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation;


      d.  by showing that he is entitled to the Republic of Vietnam Campaign
Medal with Device 1960 vice the Vietnam Campaign Medal;


      e.  by showing that he qualified as a marksman with the M-16 automatic
rifle and was awarded the associated badge and component bar; and


      f.  by awarding him the Army Good Conduct Medal.


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
award of a Meritorious Unit Commendation, a Navy Unit Commendation, and the
Combat Action Ribbon.




                            ______Melvin Meyer__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003572                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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