RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040006632


      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          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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, in effect, that his records be corrected to
reflect two awards of the Army Commendation Medal.

2.  The applicant states that he received his second Army Commendation
Medal shortly before being discharged on 6 August 1969.  He states he did
not notice the error until he was applying for benefits from the Department
of Veterans Affairs.

3.  The applicant provides a copy of his award certificate and award
orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 August 1969.  The application submitted in this case is
dated
20 August 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 was inducted
and entered active duty on 7 August 1967.  In December 1967, following
completion of training, he was assigned as a vehicle driver with the 25th
Supply and Transportation Battalion, part of the 25th Infantry Division.
He remained with that organization until December 1968 when he returned to
the United States.

4.  Although the applicant’s records do not contain a copy of orders
awarding him his initial Army Commendation Medal, his records do contain a
copy of an Army Commendation Medal citation in recognition of his service
between December 1967 and December 1968 while he was in Vietnam.

5.  Upon returning to the United States, the applicant was assigned to the
416th Transportation Company at Fort Rucker, Alabama.  As the applicant
indicated, he was awarded the Army Commendation Medal (first oak leaf
cluster) on
6 August 1969, the same day he was released from active duty.  However,
orders confirming the award were not published at Fort Rucker until 19
August 1969.  The applicant’s separation document reflects only one Army
Commendation Medal.

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 five designated campaigns (Vietnam
Counteroffensive Phases III, IV, V, and VI and TET 69 Counteroffensive)
during the applicant’s period of assignment.  A silver 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 and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation during his
tenure with the 25th Infantry Division.  The unit awards were also omitted
from his separation document.

7.  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.

8.  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.  Although the applicant’s record contains only one order confirming his
second Army Commendation Medal, there is no reason to doubt the fact that
he was awarded an Army Commendation Medal for his service in Vietnam
between December 1968 and December 1969.  The fact that orders announcing
his second Army Commendation Medal were not published until after his
separation supports a conclusion that the Army Commendation Medal recorded
on his separation document was his initial award.  In the absence of
evidence to the contrary it would be appropriate, and in the interest of
equity, to acknowledge that the applicant was awarded two Army Commendation
Medals and to correct his records accordingly.

2.  The evidence also shows that the applicant is entitled to a silver
service star on his Vietnam Service Medal, 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 to reflect that information.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 6 August 1969.  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 7 August 1967 through
6 August 1969.

BOARD VOTE:

__JS____  ___HF __  ___LS___  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 two awards of the Army Commendation
Medal;


      b.  by showing that he is entitled to a silver service star on his
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation; and


      c.  by awarding him the Army Good Conduct Medal for the period
7 August 1967 through 6 August 1969.




                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006632                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|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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