RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          24 August 2004
      DOCKET NUMBER:  AR2004100604


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |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 that his report of separation (DD Form 214) be
corrected to reflect that he was awarded the Bronze Star Medal (BSM) and
the Air Medal (AM) and that he be issued the medals.

2.  The applicant states, in effect, that he was awarded the BSM and AM;
however, they were never added to his DD Form 214 and he did not receive
the medals.

3.  The applicant provides copies of his award certificates for award of
the BSM and AM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 19 April 1972.  The application submitted in this case is dated 22
September 2003.

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.  He was inducted in Chicago, Illinois, on 6 April 1971 and was
transferred to Fort Ord, California, to undergo his training.  He
successfully completed his training and was transferred to Vietnam on 19
September 1971.  He was assigned to the 2nd Battalion (Airmobile), 8th
Cavalry Regiment, 3rd Brigade (Sep), 1st Cavalry Division for duty as a
rifleman.

4.  He was advanced to the pay grade of E-4 on 6 August 1971 and was
awarded the Combat Infantryman Badge (CIB) on 22 October 1971.

5.  He departed Vietnam on 18 April 1972 and was transferred to Oakland
Army Base, California, where he was honorably released from active duty
(REFRAD) on 19 April 1972, under the Army Phase-down Release Program.  He
had served 1 year and 14 days of total active service and his DD Form 214
issued at the time of his REFRAD shows that he was awarded the National
Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of
Vietnam Campaign Medal and the CIB.  He had served 7 months in Vietnam.
The applicant's unit in Vietnam stood down (was deactivated) in June 1972.

6.  The photocopies of the certificates submitted by the applicant are
dated 13 April and 23 April 1972 and indicate that he was awarded both the
AM and the BSM for meritorious achievement during the period of September
1971 to April 1972.  There are no orders contained in his records which
support the AM and BSM Certificates; however, the certificates contain the
name of the proper commander of his unit at the time and do not appear to
have been altered.

7.  A review of the applicant's records show that he had excellent conduct
and efficiency ratings throughout his service and his records contain no
derogatory information.

8.  Army Regulation 600-8-22 outlines the criteria for award of the Good
Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is
awarded for exemplary behavior, efficiency, and fidelity in active Federal
military service.  It is awarded on a selective basis to each soldier who
distinguishes him or herself from among their fellow soldiers by their
exemplary conduct, efficiency, and fidelity throughout their service.
There is no right or entitlement to the medal until the immediate commander
has approved the award and the award has been announced in permanent
orders.  Separation transfer points will review records of enlisted
personnel being separated to determine whether they qualify for award of
the GCMDL.  Where possible, a reasonable effort will be made to contact the
unit commander prior to awarding the medal to qualified members.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation for the period he served with the unit.
Additionally, he participated in three campaigns while he served in Vietnam
and thus is entitled to be awarded three bronze service stars for wear on
his already awarded VSM.



DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders contained in his records which support the
certificates awarding him the BSM and AM, the information contained on the
certificates are consistent with his assignment in Vietnam and there
appears to be no reason to doubt that he was in fact awarded the BSM and
AM.

2.  It is also reasonable to presume that the information (orders) did not
reach his records because he had departed Vietnam and was immediately
REFRAD before he received the awards.  Accordingly, it would be in the
interest of justice to add those awards to his records at this time.

3.  The evidence also shows that the applicant had excellent conduct and
efficiency ratings throughout his service and his records contain no
derogatory information that would serve to disqualify him for award of the
GCMDL.  Therefore, it must be presumed that the failure to award him the
GCMDL was the result of an administrative error.  Accordingly, it would be
in the interest of justice to award him the GCMDL for the period of 6 April
1971 to 19 April 1972.

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and he participated in three campaigns while in
Vietnam.  Accordingly, he is entitled to be awarded the RVNGC w/Palm Unit
Citation and three bronze service stars for wear on his already awarded
VSM.

BOARD VOTE:

__mkp___  __mhm___  __phm___  GRANT 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 that he was awarded and issued
the medal sets for the BSM and AM and by awarding him the GCMDL for the
period of 6 April 1971 to 19 April 1972, the RVNGC w/Palm Unit Citation and
three bronze service stars for wear on his already awarded VSM.




                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100604                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.107.0015              |61/PH                                   |
|3.107.0014              |60/BSM                                  |
|4.107.0094              |140/RVNGC                               |
|5.                      |                                        |
|6.                      |                                        |


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