RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JULY 2005
      DOCKET NUMBER:  AR20040008173


      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. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 1969 separation document be corrected
to reflect entitlement to the Army Good Conduct Medal, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards
of the Purple Heart, 5 bronze stars on his Vietnam Service Medal denoting
participation in five designated campaigns, and all Presidential Unit
Citations and Valorous Unit Awards (which he refers to as Badges) awarded
to either of the units he was assigned to in Vietnam.

2.  The applicant states, in effect, that he has found errors on his
separation document concerning his awards and decorations and is requesting
to have that rectified.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 September 1969.  The application submitted in this
case is dated 22 September 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 19 September 1967.  He was trained as an
infantryman.

4.  In March 1968 the applicant assumed duties as a rifleman with the 5th
Battalion, 60th Infantry which was part of the 9th Infantry Division.  He
remained with that organization until September 1968 when he was assigned
to the 1st Battalion, 16th Infantry, part of the 1st Infantry Division.



5.  In May 1968 he was awarded the Purple Heart for wounds sustained on
10 May 1968.  Orders issued by the 3rd Field Hospital confirmed the award.
In December 1968 he was awarded his second Purple Heart for wounds
sustained on 1 December 1968.  Orders issued by the 1st Infantry Division
confirmed that award.  His separation document, however, reflects award of
only one Purple Heart.

6.  The applicant departed Vietnam in March 1969 and was released from
active duty on 18 September 1969 in pay grade E-4.  His service was
characterized as honorable.

7.  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 five designated campaigns (TET
Counteroffensive, Vietnam Counteroffensive Phases IV, V and VI, and TET 69
Counteroffensive) during the applicant’s period of assignment in Vietnam.
One silver service star, in lieu of five bronze service stars, should
reflect his campaign participation.  The silver service star is attached to
the Vietnam Service Medal which is recorded on the applicant’s separation
document.

8.  The pamphlet also confirms that the 5th Battalion, 60th Infantry was
awarded a Valorous Unit Award, 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 organization.  The 1st
Battalion, 16th Infantry 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 that
organization.  The unit awards were also omitted from his separation
document.

9.  Although the pamphlet does indicate that the 2nd Battalion, 60th
Infantry was awarded a Presidential Unit Citation, the applicant’s
organization was not.  There is no indication that his unit was awarded a
Presidential Unit Citation.  Army Regulation 600-8-22, which establishes
the policies and procedures for the permanent award of unit decorations
states that individuals must have been assigned to the organization during
the period it was awarded a specific unit decoration in order to meet
requirements for permanent wear of that decoration.

10.  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.

11.  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 shows that the applicant was awarded two awards of the
Purple Heart and that he is entitled to a silver service star on his
Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and a Valorous Unit Award.

2.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 18 September 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 19 September 1967 through 18 September 1969.

3.  Unfortunately, while other elements of the 60th Infantry Regiment may
have been awarded a Presidential Unit Citation, the applicant’s units were
not.  As such, there is no basis to correct his records to reflect the
Presidential Unit Citation.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MM___  ___EA __  __CK ___  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 awarding him the Army Good Conduct Medal for the period
19 September 1967 through 18 September 1969; and

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


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 Presidential Unit Citation.




                            ______Melvin Meyer_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008173                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050707                                |
|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.                      |                                        |


-----------------------
[pic]