RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 September 2005
      DOCKET NUMBER:   AR20040011055


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of Item 24 (Decorations, Medals,
Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) to show the following awards: the Good Conduct
Medal; the Vietnam Campaign Medal; the Vietnam Service Medal with two
bronze service stars; the Republic of Vietnam Gallantry Cross Unit Citation
with Palm; the Presidential Unit Citation; the Meritorious Unit
Commendation; the “VUC,” interpreted to be the Valorous Unit Award; and,
the Marksman Marksmanship Badge with Rifle and Pistol Bars.

2.  The applicant states, in effect, that he recently noted the above-
mentioned awards were not included on his DD Form 214 when he was separated
from active duty.

3.  The applicant provides copies of his DD Form 214 and DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 14 March 1972.  The application submitted in this case is dated
3 December 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 records show that he enlisted in the Army on
3 September 1969 and completed training in Military Occupational Specialty
72C20 (Switchboard Operator).  He served in Germany prior to being assigned
to Vietnam, where he was assigned to Headquarters and Headquarters
Detachment, 37th Signal Battalion from 3 to 6 February 1971, the 62d Signal
Company, 37th Signal Battalion from 7 February to 3 April 1971, and the
270th Signal Company, 37th Signal Battalion from 14 April to 9 December
1971.  He returned to Fort Meade, Maryland where he completed his
enlistment and was honorably separated from active duty in pay grade E-4 on
14 March 1972.
4.  Item 24 of the applicant’s DD Form 214 shows that he is entitled to the
Vietnam Service Medal and the National Defense Service Medal.  No other
awards or decorations are listed.

5.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army 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.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device (1960).  The Government of
Vietnam awarded this medal to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase VII;
Consolidation I; and, Consolidation II.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the units, to which the applicant
was assigned, were not cited for any unit awards during the periods the
applicant was assigned to them.

10.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

11. Army Regulation 600-8-22 provides that marksmanship badges are awarded
to indicate the degree in which an individual has qualified in prescribed
weapons firing courses or events.  The badges, listed from the highest to
lowest degree of marksmanship, are the Expert Badge, the Sharpshooter Badge
and the Marksman Badge.  The regulation also provides that an appropriate
component bar is furnished to denote each weapon with which with which the
individual Soldier qualified.  The only weapons for which component bars
are authorized are listed in table 8-2 of the regulation.

12.  The applicant’s records do not contain any orders or entries showing
he was awarded a marksmanship badge.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 3 September 1969 to 14
March 1972.  Therefore, he is entitled to correction of his records to show
this award.

2.  Evidence of record shows that the applicant qualified for award of the
Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is
entitled to correction of his records to show this foreign service award.

3.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result, he is
entitled to award of three bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.

4.  There is no evidence, and the applicant has not provided any evidence,
that he is entitled to the Presidential Unit Citation, the Meritorious Unit
Commendation, or the Valorous Unit Award.  Therefore, he is not entitled to
correction of his records to show these unit awards.

5.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

6.  There are no orders, or any other form of evidence, in the applicant’s
records that show the applicant is entitled to award of any marksmanship
badges.  Therefore, he is not entitled to correction of his records to show
the Marksman Marksmanship Badge with Rifle and Pistol Bars.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___le ___  ___lgh___  ____pms   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 award of:

      a. the Good Conduct Medal (1st Award) for the period 3 September 1969
to 14 March 1972;


      b. the Republic of Vietnam Campaign Medal with Device (1960);


      c. three bronze service stars, to be affixed to the Vietnam Service
Medal; and,
      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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 Presidential Unit Citation, the Meritorious Unit
Commendation, the Valorous Unit Award; and the Marksman Marksmanship Badge
with Rifle and Pistol Bars.




            _______Lester Echols___________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR200400011055                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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