RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 August 2005
      DOCKET NUMBER:  AR20040009695


      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. W. W . Osborn, Jr.            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 Good Conduct Medal and
all of his awards listed on his DD Form 214 (Report of Transfer or
Discharge).

2.  The applicant states, in effect, that in addition to the awards
currently shown on his DD Form 214, his listed awards should include the
Good Conduct Medal, two awards of the Meritorious Unit Citation, the
Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, service
stars for five campaign periods and two Overseas Bars.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 13 May 1970.  The application submitted in this case is
dated
4 October 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 limitation 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 military records show he enlisted on 28 March 1967,
completed training as a supply specialist and served in Vietnam from 22
January 1968 through 11 January 1969 with the 553rd Maintenance Company.
He returned to the United States, served at Fort Knox, Kentucky and was
separated on 13 May 1970 with an honorable characterization of service.

4.  His DD Form 214 shows his authorized awards as the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal and the Expert Badge with
Rifle Bar.

5.  The applicant received nonjudicial punishment (NJP) under the
provisions of Article 15, Uniform Code of Military Justice for violation of
a lawful general regulation.  He was also convicted by a special court-
martial (SPCM) for possession of marijuana and lost 47 days due to
confinement.  Item 38 of his DA Form 20 shows that, notwithstanding the
foregoing misconduct, his conduct and efficiency ratings were exclusively
excellent throughout his period of service and there is no indication in
the record that the applicant was unfavorably considered for award of the
Good Conduct Medal.

6.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  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.  A record of punishment is not automatically disqualifying.  At
that time, a single conduct or efficiency rating of less than excellent was
disqualifying; although, a “Good” academic mark in a service school was not
disqualifying.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of unfavorable
consideration and permits the individual to respond.  At that time,
disqualification was normally noted on the DA Form 20.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) shows that during the applicant's Vietnam tour of duty the U. S.
Army Garrison, Long Binh was awarded the Meritorious Unit Commendation.
The 553rd Maintenance Company was awarded the Meritorious Unit Commendation
and the RVN Gallantry Cross with Palm Unit Citation.

8.  It was a common, although improper, practice at that time to list
Overseas Bars in the awards section of a DD Form 214.  Overseas Bars are,
in fact, uniform insignia and not awards.

9.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the
Vietnam Service Medal.  The applicant served during the following five
designated campaign periods:  Counteroffensive Phase III, 1 June 1967 – 29
January 1968; Tet Counteroffensive, 30 January 1968 – 1 April 1968;
Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; Counteroffensive
Phase V, 1 July 1968 – 1 November 1968; Counteroffensive Phase VI, 2
November 1968 – 22 February 1969.

10.  The regulation also provides that a bronze or silver twig of four oak
leaves with three acorns on the stem, 13/32-inch long for the suspension
ribbon, and 5/16-inch long for the service ribbon bar and the unit award
emblem is issued to denote award of second and succeeding awards of
decorations (other than the Air Medal), the Army Reserve Components
Achievement Medal, and unit awards.  A silver Oak Leaf Cluster is worn
instead of five bronze Oak Leaf Clusters.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during five designated campaign periods and is
entitled to wear a silver service star on the Vietnam Service Medal.

2.  The applicant is authorized two awards of the Meritorious Unit
Commendation and one of the RVN Gallantry Cross with Palm Unit Citation.
These awards should be shown on his DD Form 214.

3.  Although there is no evidence of record that the applicant was
disqualified for the Good Conduct Medal and notwithstanding the exclusively
excellent conduct and efficiency ratings; the NJP, the SPCM conviction and
the 47 days lost time preclude the conclusion that the applicant
distinguished himself by his conduct, efficiency and fidelity.

4.  Overseas Bars should not be shown as awards on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__KAN___  __WDP_  __MJNT_  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 showing that, in
addition to the awards currently shown on the DD Form 214, his authorized
awards also include the Meritorious Unit Citation with Oak Leaf Cluster,
the RVN Gallantry Cross with Palm Unit Citation and a silver service star
for wear on the Vietnam Service Medal.

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 Good Conduct Medal and display of two Overseas Bars on the DD
Form 214.




            __Kathleen A. Newman__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009965                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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