RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           JULY 1, 2004
      DOCKET NUMBER:   AR2004100877


      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. Luis Almodova                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Lana E. McGlynn               |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, in effect, that he be awarded the Good Conduct
Medal.

2.  The applicant states, in effect, that personnel at each discharge
station said he would be awarded the Good Conduct Medal.  They told him to
get his first sergeant's signature on a form and he would get it.  He told
them that the last time he saw his first sergeant, blood was pouring off
both elbows as he stepped over him [the applicant].  The applicant
summarizes by stating that he is a civil service employee and it helps in
the promotion process and if you don't have a Good Conduct Medal, it can be
used against you.  He wants the Good Conduct Medal because he earned it.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 16 July 1967.  The application submitted in
this case is dated 21 October 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.  The applicant was inducted in the Army of the United States on 23 July
1965.  He completed basic combat training at Fort Jackson, South Carolina,
and his advanced individual training at Fort Knox, Kentucky.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11E (Armor Crewman).

4.  The applicant served in Germany from 18 December 1965 through 23 August
1966 when he was reassigned for duty in the Republic of Vietnam.  The
applicant arrived in Vietnam on 23 October 1966 and was assigned to Company
B, 2nd Battalion, 2nd Infantry, 1st Infantry Division.  He served with this
unit until 16 July 1967 when he was returned to the United States for
separation processing.

5.  The applicant was honorably released from active duty, on 16 July 1967,
under the provisions of Army Regulation (AR) 635-200, Early Release of
Overseas Returnee, in the rank and pay grade, Specialist Four, E-4.  On
the date he was released from active duty, he had completed 1 year,
11 months, and 24 days active military service.  On the date of his release
from active duty, the applicant was on an Order of Merit List for promotion
to pay grade, E-5.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he earned the following awards:  the National Defense Service Medal;
the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the
Combat Infantryman Badge; and the Purple Heart.  The Good Conduct Medal is
not included among his authorized awards.

7.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  There is no record that he was subjected to court-martial
while he served on active duty.  There is no entry in Item 42 (Remarks), of
the applicant's DA Form 20, to indicate that he was disqualified from award
of the Good Conduct Medal.

8.  An Installation Clearance Record on file in the applicant's service
personnel record shows that the applicant was recommended for award of the
Good Conduct Medal by his commander while he was clearing the installation
in preparation for his departure from Vietnam.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which the applicant
is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; and the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

12.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle], by Special Orders Number 170, published by
Headquarters, 1st Training Brigade, US Army Training Center Infantry, Fort
Jackson, South Carolina, dated 14 September 1965.
13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, Company B, 2nd Battalion, 2nd Infantry, 1st
Infantry Division, was awarded the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period October 1965 through
7 April 1970, by Department of the Army General Order (DAGO) 53, dated
1970.  The 1st Infantry Division was awarded the Meritorious Unit
Commendation for the period 1 December 1965 through 31 August 1967, by DAGO
37, dated 1970.  The 1st Infantry Division, a subordinate unit of the US
Army Vietnam (USARV), was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 to 28 March 1968, by
Department of the Army General Order (DAGO) Number 2, dated 1973, by DAGO
8, dated 1974.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

15.  AR 672-5-1, in effect at the time of the applicant's separation,
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.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character)
and efficiency ratings must be recorded as "Excellent" except that ratings
of "Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was recommended for award of the Good
Conduct Medal while he was undergoing installation clearance procedures for
his departure from Vietnam.  The applicant was not awarded the Good Conduct
Medal, it appears, more as a result of administrative oversight rather than
something that the applicant did to disqualify himself from this award.  He
is therefore eligible
for award of the Good Conduct Medal for the period 23 October 1966 through
16 July 1967.

2.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of two bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

3.  The applicant served in a unit, Company B, 1st Battalion, 16th
Infantry, 1st Infantry Division, which was awarded the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; the 1st Infantry
Division, which was awarded the Meritorious Unit Commendation; and the 1st
Infantry Division, a subordinate unit of USARV, which was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; while he was
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his
DD Form 214 at this time.

BOARD VOTE:

lem_____  lds _____  jm______  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:

      a.  awarding the applicant the Good Conduct Medal for the period 23
July 1965 through 16 July 1967 and adding this award to the applicant's DD
Form 214;

      b.  awarding the applicant 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,
and having these unit awards added to his separation document;
      c.  awarding the applicant two bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his campaign
participation while he was in Vietnam, and having them shown on his DD Form
214; and

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Rifle Bar, the applicant's DD Form 214.







            ___ Lana E. McGlynn_____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100877                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040701                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  102                 |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |