RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           05 AUGUST 2004
      DOCKET NUMBER:  AR2004101513


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Linda Barker                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Army Good Conduct Medal, the
Vietnam Service Medal with either three or four bronze service stars, the
Army Commendation Medal, the Bronze Star Medal, the Marksman Marksmanship
Qualification Badge with rifle bar, the Republic of Vietnam Gallantry Cross
Unit Citation with Palm, the VCAR [?], the Meritorious Unit Commendation,
and the Presidential Unit Commendation.

2.  The applicant states that the awards were omitted from his records.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA
Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 November 1971.  The application submitted in this case
is dated 25 November 2003.

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 limitation 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
Army Commendation Medal and the Bronze Star Medal.  There are no orders or
other evidence authorizing award of these decorations. In the absence of a
proper award authority for these decorations, the applicant may request
award of the Army Commendation Medal and 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 these decorations under Section 1130 and, as a result, they will not be
discussed further in the Record of Proceedings.

4.  The applicant enlisted in the Army for three years on 20 January 1969,
trained as a data processing equipment operator, and in July 1969 was
assigned to the 576th Ordnance Company in Vietnam.  In August of that year
he transferred to the HMSC (Headquarters and Main Support Company), 610th
Maintenance Battalion, and in October 1969 to the USAD LB [USA Depot, Long
Binh?].  He returned to the United States in July 1970 and was assigned to
Fort Knox, Kentucky.  He participated in four campaigns during his tour in
Vietnam, and the 576th Ordnance Company was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while he was
assigned to that unit.  The HMSC, 610th Maintenance Battalion was awarded
the Meritorious Unit Commendation for its actions during his assignment to
that unit.

5.  On 21 April 1971 the applicant received nonjudicial punishment under
Article 15, UCMJ (Uniform Code of Military Justice) for willfully
disobeying a lawful order from a noncommissioned officer.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he was awarded the Marksman Marksmanship Qualification Badge with rifle bar
at Fort Knox.

7.  His DA Form 20 shows that his conduct while assigned to Fort Knox in
August 1970 until his release from active duty in November 1971 was good
and his efficiency, excellent.

8.  The applicant was released from active duty on 19 November 1971 with an
honorable characterization of service.  He had 2 years and 10 months of
service.

9.  Army Regulation 672-5-1, then in effect, provides the criteria for
award of the Army Good Conduct Medal, and states in pertinent part, that a
Soldier must meet all of the criteria for that award, which include all
conduct and efficiency ratings of excellent.

10.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, contains a register of unit citations and campaign participation
for the Vietnam conflict.  That pamphlet shows that the 576th Ordnance
Company was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for its actions during the period the applicant was assigned to
that unit, and that the HMSC, 610th Maintenance Battalion was award the
Meritorious Unit Commendation for its actions during the period that he was
assigned to that unit.
That pamphlet, however, does not show award of the Presidential Unit
Citation to any of the units to which the applicant was assigned.

11.  The applicant requests award of a VCAR, an acronym not identified in
the awards regulation or the unit citation credit register.  Possibly, he
is referring to the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.  If so, he is not entitled to that award.  The Unit
Citation and Campaign Participation Credit Register does not show award of
that citation to any of the units to which the applicant was assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaigns during his tour in
Vietnam.  His DD Form 214 should reflect award of the Vietnam Service Medal
with four bronze service stars (one for each campaign).

2.  The applicant is entitled to award of Meritorious Unit Commendation and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  The entry on the applicant's DA Form 20 shows that he was awarded the
Marksman Marksmanship Qualification Badge with rifle bar.  His DD Form 214
should reflect this award.

4.  There is no evidence to show that he was awarded or recommended for
award of the Army Good Conduct Medal.  Furthermore, his conduct rating of
"good" as shown on his DA Form 20 would have disqualified him for that
award.  Consequently, he is not entitled to award of the Army Good Conduct
Medal.

5.  He is not entitled to award of the Presidential Unit Citation.  He is
not entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation [VCAR?].

BOARD VOTE:

___WM  _  ___RD __  ___LB __  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 by showing award of the
Vietnam Service Medal with four bronze service stars, the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Marksman Marksmanship Qualification Badge with rifle bar.

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 the Army Good Conduct Medal, the Presidential Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.




            ____Walter Morrison______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101513                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040805                                |
|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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