RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040005122


      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. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |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 1971 separation document be corrected
to reflect award of the Air Medal.

2.  The applicant states that he was awarded the Air Medal but believes it
may have been omitted because he received the award after he was released
from active duty.

3.  The applicant provides a copy of his Air Medal certificate and a copy
of his separation document in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 June 1971.  The application submitted in this case is
dated
30 July 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 11 August 1969.  He was trained as an infantryman and in
January 1970 he was assigned to an infantry unit in Germany.

4.  In August 1970 he was reassigned to the 4th Battalion, 3rd Infantry, in
Vietnam. By December 1970 he had been promoted to pay grade E-5.  The
applicant departed Vietnam in June 1971 and on 7 June 1971 he was released
from active duty with an honorable characterization of service.  His
separation document reflects entitlement to National Defense Service Medal,
Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge,
Army Commendation Medal, and qualification badges for the M-14 and M-16
rifles.

5.  The applicant’s records contain an order issued on 25 May 1971, by the
23rd Infantry Division, which awarded the applicant a Bronze Star Medal for
meritorious service.  The award was not recorded on his separation
document.
6.  His records also contain an order, issued by the 23rd Infantry Division
on
26 June 1971, which awarded the applicant an Army Commendation Medal with
“V” device for his heroic actions on 18 February 1971.  The order indicates
it was his second award of the Army Commendation Medal.  Although his
separation document does reflect entitlement to an Army Commendation Medal
it does not reflect entitlement to an Army Commendation Medal with “V”
device.

7.  The Air Medal citation, provided by the applicant in support of his
request, was issued on 3 July 1971 in recognition of the applicant’s
“meritorious achievement while participating in aerial flight” during the
period 15 September 1970 to 26 April 1971.  The certificate reflects the
signature of Brigadier General Bertram K. Gorwitz, who was an assistant
division commander of the 23rd Infantry Division, and the imprinted
signature of Stanley R. Resor, who was Secretary of The Army at the time.

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.

10.  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 one designated campaign (Vietnam
Counteroffensive Phase VII) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.  The
unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm during his tenure with the organization.  The unit award was also
omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant's available records awarding
him Air Medal, his award certificate is signed by the appropriate commander
and reflects the imprinted signatures of the correct Army Secretary.  The
period of achievement covered by the award is consistent with his tour of
duty in Vietnam. In the absence orders, or evidence to the contrary, the
Board accepts the applicant’s award certificate as authentication of
entitlement to the Air Medal and in the interest of justice concludes it
would be appropriate to add the award to his separation document.

2.  The evidence also confirms that the applicant was awarded a Bronze Star
Medal and an Army Commendation Medal with “V” device.  Those awards should
be added to his separation document.

3.  The applicant is also entitled to one bronze service star on his
Vietnam Service Medal and a Republic of Vietnam Gallantry Cross Unit
Citation with Palm.  His records should be corrected accordingly.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 7 June 1971.  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 11 August 1969 through
7 June 1971.

BOARD VOTE:

__SP ___  ___PM __  ___DA __  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 the Air Medal, a Bronze Star Medal,
and an Army Commendation Medal with “V” device;


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


      c.  by awarding him the Army Good Conduct Medal for the period
11 August 1969 to 7 June 1971.






                            ____  Shirley L. Powell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005122                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|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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