RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040011253


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his DD Form 214 (Report of
Transfer or Discharge) to show award of the Bronze Star Medal with Oak Leaf
Cluster.

2.  The applicant states, in effect, that while he was hospitalized in the
Veterans Administration Hospital, his family realized the award of the
Bronze Star Medal with Oak Leaf Cluster was not on his DD Form 214.

3.  The applicant provides a copy of a citation for award of the Bronze
Star Medal and a copy of a certificate for award of the Army Commendation
Medal with First Oak Leaf Cluster.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   2 December 1970, the date of his separation from active duty.
 The application submitted in this case is dated 5 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 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 military records show that he entered active duty on
          18 July 1969.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 76Y (Armor/Unit Supply Specialist).  He served in Vietnam
from 18 December 1969 through 29 June 1970 as a member of A Company, 65th
Engineer Battalion of the 25th Infantry Division.  He was honorably
discharged on 2 December 1970 and transferred to the Army Reserve Control
Group.

4.  Since there is no authority for award of the Bronze Star Medal with Oak
Leaf Cluster in the applicant's service personnel records, the applicant
may request this award under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this award under Section
1130 and, as a result, will not be discussed further in this Record of
Proceedings.
5.  The applicant's DD Form 214 does not show in item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the Army Commendation Medal with First Oak
Leaf Cluster.

6.  The applicant's records contain Headquarters, 25th Infantry Division
General Orders Number 6829 dated 17 June 1970, which awarded him the Army
Commendation Medal on 16 June 1970.

7.  The applicant's records contain Headquarters, 25th Infantry Division
General Orders Number 6888 dated 18 June 1970, which awarded him the Army
Commendation Medal with First Oak Leaf Cluster, for meritorious achievement
in connection with military operations against a hostile force from 1 April
1970 to  31 May 1970.

8.  A review of the applicant's personnel records indicated that he is
entitled to additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Army
Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides 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.  The regulation states that, after 27 June 1950 to the
present time, the current standard for award of the Army Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

11.  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 that, at the time of the
applicant's assignment to A Company, 65th Engineer Battalion, that unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.



12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in
pertinent part, the military campaign periods of the Vietnam War.  Based on
the applicant's dates of service in Vietnam, Appendix B shows that he
participated in the following two campaigns: Vietnam Winter-Spring 1970,
and DA Sanctuary Counteroffensive.

13.  Army Regulation 600-8-2, 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records show the applicant was awarded the Army
Commendation Medal with First Oak Leaf Cluster.  Therefore, his DD Form 214
should be changed to add the Army Commendation Medal with First Oak Leaf
Cluster.

2.  The applicant was separated on 2 December 1970 with 1 year, 4 months,
and 15 days of active service and had no lost time.  The applicant's
available records do not contain evidence which would disqualify him from
receiving the Army Good Conduct Medal.  Therefore, he is entitled to award
of the Army Good Conduct Medal for the period 18 July 1969 through 2
December 1970 based on completion of a period of qualifying service ending
with termination of a period of Federal military service.

3.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam.  Therefore,
the applicant is entitled to the Vietnam Service Medal with two bronze
service stars and correction of his DD Form 214 to show this award.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1970.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on       1 December 1973.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file in this case.
BOARD VOTE:

___jrm__  ___slp___  __rld____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  awarding the Army Good Conduct Medal for the period 18 July 1969
through 2 December 1970;

      b.  deleting the Vietnam Service Medal from the DD Form 214;

      c.  adding the Army Commendation Medal with First Oak Leaf Cluster,
the Good Conduct Medal, the Vietnam Service Medal with two bronze service
stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
to the DD Form 214.




                            _____Shirley L. Powell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011253                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHNEIDER                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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