RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 July 2005
      DOCKET NUMBER:  AR20040011568


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard 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 his military records to show award
of the Combat Infantryman Badge, the Good Conduct Medal, one or two awards
of the Overseas Service Bar, the Air Medal, the Bronze Star Medal, the Army
Commendation Medal, the Presidential Unit Citation, the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, and four bronze service stars to be affixed to the Vietnam
Service Medal.  He also requests the issuance of the awards and decorations
shown on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant's company commander at the time in question, as counsel
for the applicant, states that the applicant would like to have his records
corrected to show all the awards which he was entitled to and should have
received for his military service.  He points out that the applicant's
performance evaluations were excellent in conduct and efficiency, that he
was an outstanding Soldier and was promoted to sergeant in less than two
years, and that he performed his duties as an infantryman and member of a
rifle squad in an honorable, meritorious and valorous manner.  He states
that the Vietnam Service Medal is listed on the applicant's DD Form 214 but
not on his military records.  He also contends that the applicant met all
requirements for award of the Combat Infantryman Badge, that the
applicant's unit conducted combat assaults on a regular basis, that the
applicant is entitled to the above mentioned unit awards, and that the
applicant participated in four campaigns during his assignment in Vietnam.


3.  The applicant provides the enclosures outlined in his counsel's
statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 September 1969.  The application submitted in this case is dated 10
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 requested correction of his records to show award of the
Air Medal, the Bronze Star Medal, and the Army Commendation Medal.  There
are no orders or other evidence authorizing award of these decorations to
the applicant.  In the absence of a proper award authority for these
decorations, the applicant may request award of these decorations 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 these decorations under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

4.  The applicant was inducted on 17 October 1967.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman) and served in
MOS 11B assigned to Company C, 3rd Battalion (Airborne), 187th Infantry in
Vietnam from 5 May 1968 through 27 April 1969.  On 9 September 1969, the
applicant was released from active duty in the temporary rank of sergeant
after completing 1 year, 10 months, and 23 days of creditable active
service with no time lost.

5.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Parachutist Badge, the Vietnam Campaign Medal, the Vietnam Service
Medal, and the Purple Heart as authorized awards.  It is noted that item 41
(Awards and Decorations) on the applicant's DA Form 20 (Enlisted
Qualification Record) shows the entry, "VSM" [Vietnam Service Medal].

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

7.  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 applicant's unit was cited for
award of the Presidential Unit Citation for the period 13 June 1968 to 23
September 1968 based on Department of the Army General Orders Number 38,
dated 1971.

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit was
cited for award of the Valorous Unit Award for the period 17 April 1969 to
7 May 1969 based on Department of the Army General Orders Number 2, dated
1971.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit was
cited for award of the Meritorious Unit Commendation for the period 14
March 1968 to 3 October 1968 based on Department of the Army General Orders
Number 22, dated 1976.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 43, dated
1970.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number 48, dated 1971.

12.  The applicant's service personnel records show the applicant
participated in four campaigns during his assignment in Vietnam.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry MOS.  They
must have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.  The Awards Branch of
the U.S. Army Human Resources Command has advised, in similar cases, that
during the Vietnam era the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states that one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28
March 1973.  Both the month of arrival in Vietnam and the month of
departure from Vietnam will count as a whole month for credit toward the
overseas service bar.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was an infantryman, served as an
infantryman assigned to an infantry company, and was wounded in action
during his assignment in Vietnam.  Therefore, there is sufficient evidence
on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was separated in the temporary rank of sergeant with
almost two years of creditable active service with no time lost.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 17 October 1967
through 9 September 1969 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.

3.  Since the Overseas Service Bar is an item of uniform wear and not an
award or decoration, there is no basis for granting the applicant’s request
to show one or two awards of the Overseas Service Bar on his DD Form 214.

4.  The applicant's unit was cited for award of the Presidential Unit
Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

5.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

6.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards currently shown on his DD
Form 214 by submitting a request in writing to the following address:
National Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue,
St. Louis, Missouri 63132-5100.  A copy of the DD Form 214 should be
included with the request.

BOARD VOTE:

LS_____  PM_____  LH______  GRANT 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 him the first award of the Good Conduct Medal for the
period 17 October 1967 through 9 September 1969; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Combat Infantryman Badge, the Presidential
Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Vietnam Service Medal with four bronze service stars.




            ____Linda Simmons_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011568                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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