RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 OCTOBER 2005
      DOCKET NUMBER:   AR20040011709


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show all of his
foreign service and reflect his permanent retired status.  The applicant
also requests that his DD Form 214 be corrected to show award of the Bronze
Star Medal (BSM).  In addition, the applicant is requesting award of the
Korea Defense Service Medal (KDSM) and the Republic of Vietnam Wound Medal.


2.  The applicant states that he wishes to correct his personnel records.

3.  The applicant provides a self-authored letter dated 8 October 2004; a
DD Form 214 with an effective date of 9 January 1968; Department of the
Army, Washington, DC General Orders Number 1, dated 2 January 1968; Letter
Orders Number D 2-920, dated 1 March 1971; DA Form 199 (Physical Evaluation
Board Proceedings); Department of the Army, Washington, DC, letter dated 2
January 1968; and Headquarters 1st Infantry Division General Orders Number
4149, dated 6 June 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 January 1968.  The application submitted in this case is
dated 15 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 entered on active duty on 31 October 1963.  Upon
completion of basic training and advanced individual training he was
awarded the military occupational specialty (MOS) 112.60 (Infantry Indirect
Fire Crewman).  On 21 June 1965 the applicant was discharged for the
purpose of immediate reenlistment.  During this period nonjuducual
punishment (NJP) was imposed on the applicant for breaking restriction.
This NJP precludes the applicant from being awarded the GCM for his period
of service from 31 October 1963 through 21 June 1965.
4.  Item 31 (Foreign Service) of the applicant's DD Form 20 (Enlisted
Qualification Record) shows service in Korea from 13 August 1964 through
28 August 1965 and service in Vietnam from 24 July 1966 through 23 July
1967.

5.  Records show that the applicant was wounded in Vietnam on 3 April 1967
and was placed on the Temporary Disability Retired List (TDRL) on 9 January
1968.  Letter Orders Number D 2-920 show that the applicant was determined
to be permanently unfit for duty, was removed from the TDRL, and was
permanently retired on 31 March 1971.

6.  Headquarters, 1st Infantry Division General Orders Number 4149 show
that the applicant was awarded the Bronze Star Medal for meritorious
service in the Republic of Vietnam for the period of August 1966 to April
1967.

7.  The Republic of Vietnam Wound Medal was a foreign award issued by the
government of the Republic of South Vietnam during the Vietnam War. There
is no evidence to show that the applicant was awarded this medal.  Records
show the applicant was wounded in Vietnam and was awarded the Purple Heart.

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 Company C, 1st Battalion of the
16th Infantry Division, the unit to which the applicant was assigned, was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 12 July 1965 through 16 October 1968 based on
Department of the Army General Orders Number 21, 1969.

9.  Department of the Army Pamphlet 672-3 also shows Company C, 1st
Battalion of the 16th Infantry Division, the unit to which the applicant
was assigned, was cited for award of the Republic of Vietnam Civil Actions
Honor Medal, First Class Unit Citation for the period October 1965 through
7 April 1970 based on Department of the Army General Orders Number 53,
1970.

10.  Department of the Army Pamphlet 672-3 lists campaigns participated in
by units during the Vietnam War.  This document shows that, at the time of
the applicant's assignment to Company C, 1st Battalion of the 16th Infantry
Division, it participated in Vietnam Counteroffensive Phase II and Vietnam
Counteroffensive Phase III.



11.  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 which in this case is
the Vietnam Service Medal.

12.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

13.  There is no evidence that the applicant received the first award of
the Good Conduct Medal.  There is also no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 Additionally, his records do not contain any adverse information that
would preclude award of the Good Conduct Medal for his period of service
from 22 June 1965 through 9 January 1968.

14.  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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant served in Korea for a period of 1 year,
2 months and 15 days and also served in Vietnam for a period of 1 year, a
total of 2 years, 2 months and 15 days. Therefore, his DD Form 214 should
be corrected to show this foreign service.



2.  The applicant was placed on the TDRL on 9 January 1968, the date he was
separated from active duty.  On 31 March 1971 he was removed from the TDRL
and permanently retired. Therefore, his DD Form 214 was accurate as of the
date of his discharge and is correct as currently constituted.

3.  Based on General Orders the applicant is entitled to the award of the
BSM.  Therefore, his records should be corrected to show this award.

4.  Based on a qualifying period of service the applicant is entitled to
the award of the KDSM.  Therefore, his records should be corrected to show
this award.

5.  There is insufficient evidence to show the applicant was awarded the
Republic of Vietnam Wound Medal.  However, the applicant has already been
recognized for his wounds in Vietnam by award of the Purple Heart.
Therefore, it is determined that the applicant's records are correct as
currently constituted.

6.  General Orders show 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 DD Form 214 to show this foreign award.

7.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is
entitled to correction of his DD Form 214 to show this foreign award.

8.  Records show the applicant participated in two campaigns during his
service in the Vietnam War.  Therefore, he is entitled to award of two
bronze service stars to be worn on his Vietnam Service Medal.

9.  In accordance with applicable regulations the applicant is entitled to
the award of the Good Conduct Medal, with an effective date of 9 January
1968, because he completed a qualifying period of service which ended with
termination of his Federal military service.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 January 1968; therefore, the time
for the applicant to file a request for correction of any error expired on
8 January 1971.  However, it would be in the interest of justice to excuse
failure to timely file based on the evidence in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM __  ___LB __  ___CD __  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 to show 2 years, 2 months
and 15 days of foreign service; award of the Bronze Star Medal; award of
the Korea Defense Service Medal; award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; award of the Republic of Vietnam Civil
Actions Honor Medal, First Class; award of the Good Conduct Medal and award
of two bronze service stars to be worn on his 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
amending the applicant's DD Form 214 to show permanent retired status and
award of the Republic of Vietnam Wound Medal.




                            ______Mark Manning____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011709                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0070.0000                           |
|3.                      |107.0094.0000                           |
|4.                      |107.0095.0000                           |
|5.                      |107.0056.0000                           |
|6.                      |                                        |


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