RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 March 2005
      DOCKET NUMBER:  AR20040003840


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 record and separation
document (DD Form 214) be corrected to show his entitlement to a second
award of the Army Good Conduct Medal (AGCM), the Republic of Vietnam (RVN)
Gallantry Cross with Palm Unit Citation, and Army of Occupational Medal
(AOM).

2.  The applicant states, in effect, that he believes he is entitled to the
awards in question, but they were never issued and were not included in the
list of awards contained in his DD Form 214.  He also asks that any
additional awards to which he may be entitled be added to his record and
separation document.

3.  In support of his application, the applicant provides copies of his DD
Forms 214 for 28 July 1964 and 28 July 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 28 July 1969.  The application submitted in this case is
dated
1 July 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’s record shows that he initially enlisted in the Regular
Army (RA) and entered active duty on 29 July 1961.  He was trained in,
awarded and served in military occupational specialty 95B (Military
Police).

4.  The applicant’s Service Record (DA Form 24) for his first period of
active duty service from 29 July 1961 through 28 July 1964.  This record
shows he was promoted to specialist four (SP4) on 1 November 1962, and that
this is the highest rank he attained during this period of active duty
service.  The DA Form 24 also shows that he served in Korea from 22
December 1961 through 1 July 1963.  It further shows that he received
“Excellent” conduct and efficiency ratings at each of his active duty
assignments.

5.  On 28 July 1964, the applicant was honorably separated, by reason of
expiration of term of service (ETS).  The DD Form 214 he was issued at this
time confirms he completed a total of 3 years of active military service
during this period and that he received the AGCM and Sharpshooter
Qualification Badge with Pistol Bar.

6.  On 23 November 1965, the applicant reenlisted in the RA and reentered
active duty.  His Enlistment Qualification Record (DA Form 20) shows that
he was promoted to sergeant (SGT) on 1 August 1968 and that this is the
highest rank he attained while serving on active duty.

7.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows that he
completed two tours of duty in the RVN.  The first tour was from 29 July
1966 through 17 July 1967.  The second tour was from 6 March 1968 through
26 June 1969.  Item 38 (Record of Assignments) shows that during his first
RVN tour, he served with the 560th Military Police (MP) Company from 4
August through 17 November 1966, and with Company C, 720th MP Battalion
from
17 November 1966 through 15 July 1967.  During his second RVN tour, he was
assigned to Company C, 720th MP Battalion.  During both tours he performed
duties in MOS 95B.

8.  Item 38 of the applicant’s DA Form 20 also shows that he received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments during his second enlistment.  Item 41 shows he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, Army
Commendation Medal (ARCOM) with Valor (“V”) Device, and AGCM.

9.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the AGCM.

10.  Further, there are two AGCM orders on file in the applicant’s MPRJ.
The first is Headquarters, United States Army Missile Support Command
General Orders (GO) Number (#) 25, dated 2 July 1964.  These orders awarded
the applicant the first award of the AGCM for the period 29 July 1961
through 28 July 1964.  The second is Headquarters, 720th MP Battalion GO #
35, dated
11 October 1968.  These orders awarded him the first award of the AGCM for
the period 23 November 1965 through 22 November 1968.
11.  The applicant’s MPRJ also contains a copy of Headquarters, 18th MP
Brigade GO # 201, dated 10 December 1967.  These orders awarded the
applicant the ARCOM with “V” Device, for heroism involving actual conflict
with an armed enemy on 30 April 1967 in the RVN.  The MPRJ also includes a
copy of United States Army Training Center, Fort Stewart, Georgia Special
Orders # 238, dated 1 November 1967.  These orders awarded the applicant
the
Expert Qualification Badge with Pistol Bar.

12.  On 28 July 1969, the applicant was honorably released from active
duty after completing 3 years, 7 months and 6 days of his current
enlistment and a total of 7 years and 11 months of active military service.
 Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at
this time lists the following awards:  NDSM, RVN Campaign Medal, VSM, ARCOM
and AGCM.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the VSM.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  A silver
service star is used in lieu of five bronze service stars, to denote
participation in five campaigns.

14.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s two tours of duty in the RVN, he was
credited with participating in the following eight campaigns:  Vietnam
Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, and Vietnam Summer-Fall 1969.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  The
normal qualifying period is 3 years.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (720th MP Battalion) received
the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit
Citation.

17.  On 3 February 2004, The Secretary of Defense approved the criteria for
the Korean Defense Service Medal (KDSM).  It is authorized  to members who
served on active duty in Korea from 28 July 1954 to a date to be
determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to awards not listed in his record
and on his separation documents was carefully considered and found to have
merit.

2.  The evidence of record confirms the applicant completed two qualifying
periods of honorable active duty service for the AGCM.  It also shows that
while he was awarded the AGCM for two different qualifying periods, both
orders codified the award as the first award.  Therefore, the applicant’s
record should be corrected to show he was awarded two awards of the AGCM
and his separation document should be corrected accordingly.

3.  The applicant’s record also shows that he was awarded the ARCOM with
“V” Device, for heroism in the RVN on 30 April 1967.  However, his 28 June
1969
DD Form 214 lists only the ARCOM, and does not show the “V” Device.
Therefore, his separation document should be corrected accordingly.

4.  The applicant’s record also includes orders awarding him the
Expert Qualification Badge with Pistol Bar.  Thus, it would be appropriate
to also add this award to the list of awards on his separation document.

5.  The evidence of record further confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the
Meritorious Unit Commendation,  RVN Gallantry Cross with Palm Unit Citation
and 1 silver service star and 2 bronze service stars with his VSM.
Further, based on his service in Korea, he is also entitled to the KDSM.
This award should also be added to his record and DD Form 214 at this time.


6.  The applicant’s claim of entitlement to the AOM was also carefully
considered. However, there is no indication that he ever served in a
qualifying area during a qualifying period for which the AOM was
authorized.  As a result, there is insufficient evidence to support this
award.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___WDP_  ___RJW_  ___LGH_  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 amending his 28 June
1969 DD Form 214 by deleting the current list of awards contained in Item
13 and replacing it with the following list:  “Army Commendation Medal with
“V” Device, Army Good Conduct Medal 2nd Award, Meritorious Unit
Commendation, National Defense Service Medal, Republic of Vietnam Campaign
Medal with 60 Device, Vietnam Service Medal with 1 silver service star and
2 bronze service stars, Korean Defense Service Medal, Republic of Vietnam
Gallantry Cross with Palm Unit Citation and Expert Qualification Badge with
Pistol Bar; and by providing him a corrected separation document that
includes this change.

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 of Occupation Medal.




            ____William D. Powers____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003840                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/31                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/06/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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