RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 May 2005
      DOCKET NUMBER:  AR20040005517


      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:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |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, award of the Bronze Star Medal
(BSM), Army Good Conduct Medal (AGCM) and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, his captain in the Republic of Vietnam
(RVN) said he was putting him in for the BSM.  He also claims that his
military occupational specialty (MOS) was changed from 11B (Infantryman) to

76P (Stock and Control Specialist).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 24 July 1970.  The application submitted in this case is
dated
4 August 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 requests award of the BSM.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms he is entitled to this award.  In the absence of authority
for this award, he may request award of the BSM under the provisions of
Section 1130 of Title 10 of the United States Code (10 USC 1130).  The
applicant has been notified by separate correspondence of the procedures
for applying for this award under
10 USC 1130.  As a result, his request for award of the BSM will not be
discussed further in this Record of Proceedings.

4.  The applicant’s record shows he was inducted into the Army and entered
active duty on 25 July 1968.  He was initially trained in and awarded MOS
11B (Infantryman) on 13 December 1968, and the highest rank he attained
while serving on active duty was specialist four (SP4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 15 January 1969 through 14 March 1969.  During
his RVN tour, he was assigned to Company C, 2nd Battalion, 7th Cavalry
Regiment, performing duties in MOS 11C as an indirect fire infantryman.

6.  On 28 February 1969, the applicant received grenade concussion wounds
to the head.  As a result, he was medically evacuated from the RVN,
hospitalized and placed in a patient status on 15 March 1969.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy Headquarters, United States Army Training Center and Fort Campbell
Special Orders Number 259, dated 17 September 1969.  These orders awarded
the applicant the primary MOS 76P and secondary MOS 11B and withdrew the
primary MOS 11B, effective 4 August 1969.

8.  The MPRJ also contains a copy of a Disposition Form (DA Form 2496),
Subject:  Separation Processing, dated 30 April 1970.  This document was
addressed to the applicant’s unit commander from an Assistant Adjutant
General and requested that the commander provide conduct and efficiency
ratings on the applicant.  The unit commander was advised that ratings less
than “Excellent” disqualified members from receiving the AGCM.  The unit
first sergeant signed the return comment to this form for the unit
commander and awarded the applicant “Excellent” conduct and efficiency
ratings.  A second DA Form 2496, Subject: Award of the AGCM, dated 23 June
1970, which was signed by the applicant’s unit commander, contains an
efficiency rating of “Good” and conduct rating of “Excellent”.

9.  On 24 July 1970, the applicant was honorably separated after completing
2 years of active military service.  The separation document (DD Form 214)
he was issued at this time confirms that during his active duty tenure, he
earned the following awards:  National Defense Service Medal, Vietnam
Service Medal with 2 bronze service stars, RVN Campaign Medal with 1960
Device, Purple Heart, RVN Gallantry Cross with Palm Unit Citation, Expert
Qualification Badge with Rifle Bar (M-14) and Marksman Qualification Badge
with Rifle Bar (M-16).

10.  Army Regulation 672-5-1 (Military Awards) prescribed the Army awards
policy in effect at the time of the applicant’s separation.  Paragraph 45
contained the criteria for award of the AGCM.  It stated, in pertinent
part, that all conduct and efficiency ratings during the qualifying period
had to be recorded as “Excellent”.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army’s current
awards policy and criteria.  Paragraph 8-6 contains the criteria for
awarding the CIB.  It states, in pertinent part, that there are basically
three requirements for award of the CIB.  The soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.

12.  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
the period he was assigned, the applicant’s unit (2nd Battalion, 7th
Cavalry Regiment) earned the RVN Civil Actions Honor Medal First Class Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the AGCM was carefully
considered.  However, the awards regulation in effect at the time of his
separation stipulated that in order to be eligible to receive the AGCM, a
member must have received all “Excellent” conduct and efficiency ratings
during the qualifying period.

2.  The evidence of record confirms the final efficiency rating given the
applicant by his unit commander in a 23 June 1970 DA Form 2496 was “Good”.
In effect, this rating disqualified the applicant from receiving the AGCM.
Therefore, it would not be appropriate to grant this portion of the
requested relief.

3.  The evidence of record confirms that while the applicant was serving in
the RVN, he held and performed duties in a qualifying infantry MOS, and
served in a qualifying infantry unit.  Further, his actual participation in
combat with his unit is evidenced by his being wounded in action and
receiving the Purple Heart.  Thus, it would be appropriate, in the interest
of justice and equity, to award him the CIB and add it to his records at
this time.

4.  The evidence of record also shows that based on his RVN service, he is
also entitled to the RVN Civil Actions Honor Medal First Class Unit
Citation.  Thus, it would also be appropriate to add this award to his
record at this time.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BJI __  ___AU__  __JLP___  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 awarding him the Combat
Infantryman Badge; by showing he is entitled to the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation; and by providing him a
corrected separation document that includes these awards.

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.




            ____Jennifer L. Prater_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005517                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/24                              |
|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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