RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR20040000560


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 award
of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the badge for
service in Vietnam.

3.  The applicant provides a copy of orders awarding him the Combat
Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of the alleged error or
injustice which occurred on 26 November 1971.  The application submitted in
this case is dated
20 April 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 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 5 December 1969.  He was trained as an
infantryman and successfully completed NCO (noncommissioned officer)
candidate training.  He was promoted to pay grade E-5 in August 1970.

4.  In December 1970 he was assigned to the 1st Battalion, 12th Cavalry in
Vietnam.

5.  In January 1971 he was awarded the Combat Infantryman Badge.  Orders
issued by the 1st Cavalry Division confirmed the badge.  The badge,
however, was omitted from his separation document.

6.  In May 1971 he was punished under Article 15 of the Uniform Code of
Military Justice for playing his tape player "while on guard at a sleeping
position."  His punishment included forfeiture of $73.00.  In spite of his
nonjudicial punishment action, the applicant consistently received
excellent conduct and efficiency ratings.
7.  In May 1971 the applicant was also awarded an Air Medal for meritorious
achievement during the period December 1970 through May 1971.  The award
was confirmed in orders issued by the 1st Cavalry Division but was also
omitted from his separation document.

8.  The applicant returned to the United States in November 1971 and on
26 November 1971 was released from active duty with an honorable
characterization of service.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit awarded
two awards of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm and a Valorous Unit Award.  The unit decorations were also omitted
from his separation document.

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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Combat
Infantryman Badge.  His record should be corrected accordingly.

2.  The evidence also confirms that the applicant was awarded an Air Medal
and that he is entitled to two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and a Valorous Unit Award.  His records
should be corrected to reflect those decorations.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 26 November 1971.  While he may have had one
infraction, which resulted in nonjudicial punishment, it is noted that he
continued to receive excellent conduct and efficiency ratings, attained the
rank of sergeant/E-5, and was awarded not only the Combat Infantryman
Badge, but also an Air Medal for meritorious achievement.  In view of the
foregoing, it can be concluded 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 5 December 1969 through 26 November 1971.

BOARD VOTE:

___FE___  ___RD __  ___YM__  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 Combat Infantryman Badge and Air
Medal;


      b.  showing that he is entitled to two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and a Valorous Unit Award;
and


      c.  awarding him the Army Good Conduct Medal for the period
5 December 1969 to 26 November 1971.



                            ______ Fred Eichorn________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040000560                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050106                                |
|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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