RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 JUNE 2005
      DOCKET NUMBER:  AR20040006947


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Kenneth Lapin                 |     |Member               |
|     |Ms. Delia Trimble                 |     |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 1969 separation document be corrected
to reflect entitlement to the Army Good Conduct Medal, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm (which he refers to as the
VSG w/palm), the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation (which he refers to as the Vietnamese Civil Action Medal), a
Bronze Star Medal, a Presidential Unit Citation, a Meritorious Unit
Commendation, and a Valorous Unit Award, and qualification as a
sharpshooter with the M-16 rifle.

2.  The applicant states that he has been attempting to get his separation
document corrected and that the awards were “left off upon leaving
Vietnam…and [the] Army.”

3.  The applicant provides a copy of orders showing his qualification as a
sharpshooter with the M-16 rifle and his award of the Bronze Star Medal.
He also submits a copy of a letter from the National Personnel Records
Center certifying his entitlement to those two decorations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 August 1969.  The application submitted in this case
is dated
30 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 7 November 1967.  He was trained as an
infantryman.  While undergoing training he qualified as a sharpshooter with
the M-16 rifle and was awarded the associated badge and component bar.
Orders issued at Fort Polk, Louisiana confirmed the badge.  It was,
however, omitted from his separation document.

4.  In September 1968 the applicant assumed duties as a rifleman with the
5th Battalion, 46th Infantry which was part of the 23rd Infantry Division.
He remained with that organization until his return to the United States in
August 1969.  Just prior to his departure from Vietnam he was awarded a
Bronze Star Medal for meritorious service.  Orders issued by the 23rd
Infantry Division confirmed the award.  It was also, however, omitted from
his separation document.

5.  The applicant was released from active duty on 19 August 1969 in pay
grade E-5.  His service was characterized as honorable.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phases V and VI, TET 69 Counteroffensive, and Vietnam
Summer-Fall 1969) during the applicant’s period of assignment.  Four bronze
service stars on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.  The unit
was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with
Palm during his tenure with the organization.  The unit award was also
omitted from his separation document.

7.  Although the pamphlet does indicate that other elements of the 23rd
Infantry Division were awarded Meritorious Unit Commendations, Valorous
Unit Awards, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the applicant’s organization was not.  There is no
indication that his unit was awarded a Presidential Unit Citation.  Army
Regulation 600-8-22, which establishes the policies and procedures for the
permanent award of unit decorations states that individuals must have been
assigned to the organization during the period it was awarded a specific
unit decoration in order to meet requirements for permanent wear of that
decoration.

8.  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.

9.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does confirm that the applicant qualified as a
sharpshooter with the M-16 rifle and was awarded the associated badge and
component bar.  His records should be corrected accordingly.

2.  The evidence also shows that the applicant was awarded a Bronze Star
Medal and that he is entitled to four bronze service stars on his Vietnam
Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 19 August 1969.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes 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 7 November 1967 through
19 August 1969.

4.  Unfortunately, while other elements of the 23rd Infantry Division may
have been awarded the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, a Valorous Unit Award, and the Meritorious Unit
Commendation, the applicant’s unit was not.  As such, there is no basis to
correct his records to reflect any of those unit decorations.
Additionally, there is no evidence that his unit was awarded a Presidential
Unit Citation.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RW___  ___KL    _  ___DT __  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:

      a.  by showing that he qualified as a sharpshooter with the M-16
rifle;


      b.  by showing that he was awarded a Bronze Star Medal;


      c.  by showing that he is entitled to four bronze service stars on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and


      d.  by awarding him the Army Good Conduct Medal for the period
7 November 1967 through 19 August 1969.

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 Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, a Presidential Unit Citation, a Valorous Unit Award, or a
Meritorious Unit Commendation.




                            ____ Raymond Wagner_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006947                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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