RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JULY 2005
      DOCKET NUMBER:  AR20040008732


      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 records be corrected to reflect all of
the awards he is entitled to.  He specifically notes entitlement to the
Combat Infantryman Badge, Army Good Conduct Medal, Bronze Star Medal, a
certificate of achievement and “citations.”

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

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 October 1968.  The application submitted in this case
is dated
7 October 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
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Bronze Star 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 this decoration under Section 1130 and, as a result, it
will not be discussed further in the Record of Proceedings.

4.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 20 October 1966.  He was initially trained as an
infantryman and in April 1965 he was assigned to the 2nd Battalion, 14th
Infantry, part of the 25th Infantry Division.

5.  On 10 May 1967 the applicant was awarded the Combat Infantryman Badge.
Orders issued by the 25th Infantry Division confirmed the award.  The badge
was omitted from his separation document.

6.  It is unclear exactly when the applicant departed Vietnam, but by
September 1967 he had been assigned to an infantry element at Fort Lewis,
Washington where he performed duties as a clerk and clerk typist.  In
December 1967 he was reclassified from an infantry specialty (11B) to that
of a clerk typist (71B).

7.  On 18 October 1968 the applicant was released from active duty in pay
grade E-5.  His service was characterized as honorable.  His separation
document reflects entitlement to the National Defense Service Medal,
service decorations associated with his tour of duty in Vietnam, and his
qualification as an expert with the M-14 rifle.

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 two designated campaigns (Vietnam
Counteroffensive




Phases II and III) spanning the periods 1 July 1966 through 29 January 1969
which would have clearly included the period of the applicant’s assignment
in Vietnam.  Two bronze service stars on the Vietnam Service Medal, which
is reflected 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.  The unit awards were also omitted
from his separation document.

11.  The applicant’s file contains no evidence of any Certificates of
Achievement. Army Regulation 635-5, in effect at the time, provides that
item 24 of the separation document will reflect decorations, medals,
badges, citations and campaign ribbons awarded or authorized for all
periods of service.  Certificates of Achievement, Letters of Appreciation,
and similar documents are not recorded on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded 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, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  That information should
also be added to his separation document.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 18 October 1968.  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 20 October 1966 through
18 October 1968.

4.  Although the applicant’s file does not indicate award of any
Certificates of Achievement or citations, such information would not be
recorded on his separation document even if he had been awarded such
certificates or citations.




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 the Combat Infantryman Badge;


      b.  by showing that he is entitled to two bronze service stars 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
20 October 1966 through 18 October 1968.

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
inclusion of Certificates of Achievement and citations on his separation
document.




                            ______ Melvin Meyer_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008732                           |
|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.                      |                                        |


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