RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 May 2005
      DOCKET NUMBER:  AR20040006524


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of 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 (RVN) Civil Actions Honor Medal First Class Unit Citation, and
Qualification Badges for the M-60 machinegun, M-16 rifle, and .45 caliber
pistol.

2.  The applicant states, in effect, the awards in question were left off
his
DD Form 214 issued to him upon his return from the RVN and his separation
from the Army.

3.  The applicant provides a DD Form 214, National Personnel Records Center
(NPRC) Letter and Weapons Qualification Orders in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 28 December 1971.  The application submitted in this case
is dated 18 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’s record shows he was inducted into the Army and entered
active duty on 7 May 1970.  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 specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 2 October 1970 through 4 October 1971.
During his RVN tour, he was assigned to Company B, 1st Battalion, 50th
Infantry from
12 October through 18 November 1970; and to Company D, 1st Battalion,
22nd Infantry from 19 November 1970 through 1 October 1971.
5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 confirms
he received all “Excellent” conduct and efficiency ratings at each of
active duty assignments.  His Military Personnel Records Jacket (MPRJ)
contains no derogatory information that would have precluded him from
receiving the AGCM, or a unit commander AGCM disqualification.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 contains
entries showing that he qualified as an Expert with the M-16 Rifle, as a
Marksman with the M-60 machinegun and as a Sharpshooter with the .45
caliber pistol.  The MPRJ contains a copy of Special Orders Number 225 that
confirms his qualification with these weapons.

7.  On 28 December 1971, the applicant was honorably separated after
completing 1 year, 7 months and 22 days of active military service.  Item
24 of the DD Form 214 he was issued at the time lists the following awards:
 Vietnam Service Medal (VSM) with 1 bronze service star, RVN Campaign
Medal, National Defense Service Medal and Combat Infantryman Badge.

8.  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.

9.  Chapter 4 of the current awards regulation prescribes the policy for
award of the AGCM.  It states, in pertinent part, that the normal
qualifying period is
3 years.  However, for the first award only, a period of more than 1 year
is a qualifying period if the award is given a the termination of a period
of active Federal service.  While there is no automatic entitlement to the
AGCM, disqualification must be justified.  The qualifying criteria for the
AGCM, outlined in the regulation in effect at the time of the applicant’s
separation, stipulated that a member must receive all “Excellent” conduct
and efficiency ratings to qualify for the AGCM.

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 with the 1st Battalion, 50th Infantry, the unit received the RVN
Gallantry Cross with Silver Star Unit Citation.  It also shows that during
his tenure of assignment with the 1st Battalion, 22nd Infantry), the unit
earned the RVN Gallantry Cross with Palm Unit Citation.  It further shows
that during his RVN tour, he was credited with participating in the Vietnam
Counteroffensive Phase VII and Consolidation I campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant received “Excellent”
conduct and efficiency ratings at all of his active duty assignments.
Therefore, absent a unit commander disqualification, it would be
appropriate to award him the first award of the AGCM, for his qualifying
honorable active duty service from 7 May 1970 through 28 December 1971.

2.  The record also confirms the applicant qualified as an expert with the
M-16 rifle, as a marksman with the M-60 machinegun and as a sharpshooter
with the .45 caliber pistol.  Therefore, it would be appropriate to add the
Expert Qualification Badge with Rifle Bar, Sharpshooter Qualification Badge
with Pistol Bar and Marksman Qualification Badge with Machinegun Bar to the
list of awards contained on his separation document.

3.  The record further shows that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Silver Star, the RVN Gallantry Cross with Palm Unit Citation and 2 bronze
service stars with his VSM.  Therefore, it would also be appropriate to add
these awards to his record and separation document.

4.  The record further shows that the units in which the applicant served
in the RVN did earn many of the other awards referred to by the applicant,
such as the PUC, MUC and VUA.  However, these awards were not earned by
these units during the applicant’s tenure of assignment.  As a result, he
is not eligible to receive them at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___FE __  __LDS __  ___MJF _  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 Army
Good Conduct Medal; by showing he earned the Expert Qualification Badge
with Rifle Bar, Sharpshooter Qualification Badge with Pistol Bar and
Marksman Qualification Badge with Machinegun Bar; by showing that he is
entitled to the Republic of Vietnam Gallantry Cross with Silver Star Unit
Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2
bronze service stars with his Vietnam Service Medal; 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
the Presidential Unit Citation, Meritorious Unit Commendation, Valorous
Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




            ____Fred Eichorn  ______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006524                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/12/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Sec Auth-Phasedown                      |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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