RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20040011588


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 award of the Air Medal.

2.  The applicant states he earned the Air Medal during his tour in Vietnam
and would like it added to his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 January 1970.  The application submitted in this case is
dated 12 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 Board noted the applicant’s request for award of the Air Medal.
However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Air Medal under this
provision of law.  As a result, award of the Air Medal requested by the
applicant is not discussed further in these Proceedings.

4.  The applicant was inducted into the Army of the US for 2 years on 8
January 1968.  He was trained in military occupational specialty (MOS) 11B
(Light Weapons Infantryman) and transferred to the Republic of Vietnam
(RVN) for duty with Company C, 2nd Battalion (Airborne), 505th Infantry.

5.  The applicant served in the RVN from on/about 31 May 1968 to on/about
27 May 1969.  He participated in 4 named campaigns:  Counteroffensive,
Phase IV (2 April-30 June 1968); Counteroffensive, Phase V (1 July-1
November 1968); Counteroffensive, Phase VI (2 November 1968-22 February
1969); and Tet 69 Counteroffensive (23 February-8 June 1969).  He was
awarded the Bronze Star Medal, Army Commendation Medal, National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat
Infantryman Badge, Expert Marksmanship Qualification Badge (M-14 Rifle),
Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), and Second
Class Gunner (Marksman Marksmanship Qualification) Badge (M-60).

6.  The applicant returned to the United States and was assigned to Fort
Polk, Louisiana.  He was honorably separated on 7 January 1970 with 2 years
of creditable active service.  His DA Form 20 (Enlisted Qualification
Record) shows that his conduct and efficiency ratings during his period of
service were all "excellent."

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part:

      a.  The Good Conduct Medal (GCMDL) is awarded to Soldiers 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.  Army Regulation 672-5-
1, in effect at the time the applicant was discharged, required that
throughout a qualifying period of service for award of the Good Conduct
Medal the Soldier must have had all “excellent” conduct and efficiency
ratings and no convictions by a court-martial [emphasis added].

      b.  A bronze service star, based on qualifying service for each
campaign listed in Appendix B of the regulation, is authorized to be worn
on the appropriate service medal.  The applicant participated in 4
campaigns.

8.  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 unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the
period 6 October 1968 to 11 November 1968 by Department of the Army General
Order (DAGO) Number 43, dated 1970.  It also shows that the unit was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 12 March 1968 to 4 October 1968 by DAGO Number 48,
dated 1971.

9.  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.  However, based on decisions of the U.S.
Court of Appeals, the ABCMR has adopted the policy of calculating its 3-
year statute of limitations from the date of final action in those requests
wherein an applicant has sought a lower level administrative remedy.
Requests for awards submitted under Title 10, United States Code, Section
1130 (10 USC 1130) to the Army Decorations Board are considered a lower
level administrative remedy.  Since there is no statute of limitations on
filing requests for awards under 10 USC 1130, the ABCMR has determined that
the 3-year statute of limitations for filing with ABCMR should commence on
the date of final action on an award request by the Army Decorations Board.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains no disciplinary actions and his conduct
and efficiency ratings were all "excellent."  He is entitled to award of
the Good Conduct Medal.

2.  Department of the Army Pamphlet 672-3 shows that the applicant was a
member of a unit that was awarded the Vietnam Gallantry Cross Unit Citation
with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  His DD Form 214 should be corrected to reflect these unit
awards.

3.  The applicant served in Vietnam during four campaigns and is entitled
to wear 4 bronze service stars on his Vietnam Service Medal.  His DD Form
214 should be corrected to reflect this.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jch___  __teo___  __phm___  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 showing he is entitled to award of the
Good Conduct Medal, Vietnam Gallantry Cross Unit Citation with Palm,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and 4 bronze service stars for wear on his Vietnam Service Medal.




                                  James C. Hise
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011588                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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