RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 April 2005
      DOCKET NUMBER:  AR20040004157


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Linda M. Barker               |     |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 the following awards be added
to his separation document (DD Form 214):  Army Good Conduct Medal (AGCM),
Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC),
Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross (RVNGC) with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM)
First Class (FC) Unit Citation, Marksmanship Qualification Badges with
Rifle, Grenade and Machinegun Bars, and Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that the earned awards in question
were never added to his record and separation document after his departure
from the Republic of Vietnam (RVN).

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 28 May 1971.  The application submitted in this case is
dated
15 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 he was inducted into the Army and entered
active duty on 21 May 1969.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Infantryman) and the highest
rank he attained while serving on active duty was private first class
(PFC).

4.  The applicant’s DA Form 20 shows he served in the RVN from 30 December
1969 through 24 November 1970.  During his RVN tour, he was assigned to
Company C, 1st Battalion, 22nd Infantry, performing duties in MOS 11B.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows
that he received less than “Excellent” conduct and efficiency ratings for
the period
1 through 18 November 1970, while serving in the RVN.  Item 41 (Awards and
Decorations) contains entries indicating that during his active duty
tenure, he earned the National Defense Service Medal (NDSM), Vietnam
Service Medal (VSM), Combat Infantryman Badge (CIB) and RVN Campaign Medal
with 60 Device.  It also shows that he earned the following Marksmanship
Qualification Badges:  Marksman Qualification Badge with Rifle Bar (M-14
and M-16), Expert Qualification Badge with Grenade Bar and 1st Class Badge-
M-60 Machinegun.  There is an entry for the AGCM that is lined out.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of an Article 15, Uniform Code of Military Justice (UCMJ), Record of
Proceedings
(DA Form 2627).  This document shows he accepted nonjudicial punishment
(NJP) for sleeping on guard duty on 3 June 1970.  His punishment for this
offense included a reduction to private/E-1 (PV1).

7.  The MPRJ contains no orders or other documents that indicate the
applicant was ever recommended for or awarded the ARCOM during his active
duty tenure.

8.  On 21 May 1971, the applicant was honorably separated after completing
2 years 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 upon his separation shows that he earned the
following awards:  NDSM, VSM with 2 bronze service stars, RVN Campaign
Medal, CIB and Marksman Qualification Badge with Rifle Bar.

9.  Army Regulation 672-5-1 prescribed the Army’s awards policy in effect
at the time of the applicant’s separation.  Paragraph 45 provided the
criteria for award of the AGCM.  It stated, in pertinent part, that all
conduct and efficiency ratings must be recorded as “Excellent:”, except
that “Unknown” ratings for portions of the qualifying period would not be
disqualifying.

10.  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 (22nd Infantry) earned the RVN
Gallantry Cross with Palm Unit Citation and received participation credit
for the Winter-Spring 1970, Sanctuary Counteroffensive and Vietnam
Counteroffensive Phase VII campaigns.  The unit received no other awards
during his assignment tenure.
11.  Under current regulatory policy, there are three classes of
marksmanship qualification for which members earn one of the following
badges:  Expert, Sharpshooter and Marksman.  The policy in effect during
the applicant’s service provided for publishing orders defining the three
classes of marksmanship qualification as follows:  Expert, 1st Class and
2nd Class; however, even during the period a member was awarded the
Sharpshooter Qualification Badge for
1st class marksmanship qualification and the Marksman Qualification Badge
for 2nd class qualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the AGCM be added to the list of awards
contained on his DD Form 214 was carefully considered.  However, there is
insufficient evidence to support this claim.  The Army awards regulation in
effect at the time required a Soldier receive all “Excellent” conduct and
efficiency ratings in order to qualify for the AGCM.  The applicant’s DA
Form 20 confirms he received “Good” conduct and efficiency ratings during
the period 1 through
10 November 1970, while serving in the RVN.  As a result, the regulatory
criteria necessary to support award of the AGCM was not satisfied in his
case.

2.  The applicant’s contention that he is entitled to the ARCOM was also
carefully considered.  However, his record is void of any documents
indicating that he was ever recommended for, or awarded the ARCOM by proper
authority during his active duty tenure.  Therefore, there is an
insufficient evidentiary basis to support adding this award to his record
at this time.

3.  The record does in fact show that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVNGC with Palm
Unit Citation and to 3 bronze service stars with his VSM.  As a result, it
would be appropriate to add these awards to his record and separation
document at this time.  However, during his tenure of assignment in the
RVN, his unit was not awarded the PUC, MUC, VUA or the RVNCAHM FC Unit
Citation.  Therefore, there is an insufficient evidentiary basis to include
these awards to the list of authorized awards contained on his DD Form 214.


4.  The record also shows that the applicant qualified to receive the
following Marksmanship Qualification Badges during his active duty tenure:
Marksman Qualification Badge with Rifle Bar (M-14 and M-16 Rifles), Expert
Qualification Badge with Grenade Bar and Sharpshooter Qualification Badge
with Machinegun Bar, based on his 1st class qualification with the M-60
machinegun.  Therefore, it would also be appropriate to add these badges to
his separation document at this time.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___ENA_  ___JEA__  ___LMB_  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 Item 24 of his
28 May 1971 DD Form 214 by deleting the current list of awards and
replacing it with the following entry “National Defense Service Medal,
Combat Infantryman Badge, Vietnam Service Medal with 3 bronze service
stars, Republic of Vietnam Campaign Medal with
60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Expert Qualification Badge with Grenade Bar, Sharpshooter Qualification
Badge with Machinegun Bar, Marksman Qualification Badge with Rifle Bar
(M-14 & M-16)”; 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
the addition of the following awards to his separation document:  Army Good
Conduct Medal,
Army Commendation Medal, Presidential Unit Citation, Meritorious Unit
Commendation, Valorous Unit Award and Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.




            ____James E. Anderholm__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004157                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/05/28                              |
|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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