RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007853


      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               |
|     |Mr. 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 1972 separation document be
corrected to reflect award of the Bronze Star Medal and the Combat
Infantryman Badge.

2.  The applicant states, in effect, that the awards were omitted from his
separation document.

3.  The applicant provides a copy of a letter from the National Personnel
Records Center certifying his entitlement to those two decorations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 January 1972.  The application submitted in this case
is dated
27 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 entered
active duty on 21 July 1969 and was initially trained as an infantryman.
Following a brief tour of duty at Fort Jackson, South Carolina, the
applicant was reassigned, in June 1970, to the 3rd Battalion, 1st Infantry,
in Vietnam.

4.  In September 1970 the applicant was awarded the Combat Infantryman
Badge.  Orders issued by the 23rd Infantry Division confirmed the award.

5.  The applicant departed Vietnam on 8 May 1971 and completed his
enlistment contract at Fort Jackson as a drill sergeant.  Subsequent to his
departure from Vietnam, on 30 May 1971, he was awarded a Bronze Star Medal.
 Orders issued by the 23rd Infantry Division also confirmed that award.



6.  The applicant was released from active duty, in pay grade E-5, with an
honorable characterization of service on 24 January 1972.

7.  The letter from the National Personnel Records Center, submitted in
support of his request, identified several decorations that the applicant
was entitled to.  Only his award of the Bronze Star Medal and the Combat
Infantryman Badge, however, were omitted from his separation document.

8.  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
Counteroffensive Phase VII and Sanctuary 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 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.

9.  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.

10.  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 a Bronze Star
Medal and the Combat Infantryman Badge.  His records should be corrected
accordingly.

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

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 24 January 1972.  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 21 July 1969 through
24 January 1972.

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 by:

      a.  showing that he was awarded the Bronze Star Medal and the Combat
Infantryman Badge;


      b.  showing that he is entitled to two bronze service stars on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and
      c.  awarding him the Army Good Conduct Medal for the period 21 July
1969 through 24 January 1972.





                            _______John Slone ________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007853                           |
|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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