RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 September 2004
      DOCKET NUMBER:  AR2004100892


      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:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, that he be awarded the Good Conduct
Medal for his last periods of honorable service (16 September 1978 through
15 September 1981, 16 September 1981 through 15 September 1983, and
16 September 1983 through 15 September 1987); and that he be given service
stripes to show that he served honorably for 21 years and 16 days.

2.  The applicant states, in effect, that all his over 21 years service was
honorable and his record should properly reflect his earned recognition.

3.  The applicant provides a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error, which occurred
on 30 September 1987.  The application submitted in this case is dated 23
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 enlisted in the Regular Army on 16 September 1966 and
served continuously, through several reenlistments, until he retired on 30
September 1987, in the rank and pay grade of Master Sergeant, E-8, under
the provisions of Army Regulation 635-200, Chapter 12, for length of
service.  On his retirement date, the applicant had completed 21 years and
14 days active military service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (all periods of service)), of his DD Form 214, shows
he was awarded the:  "National Defense Service Medal//Republic of Vietnam
Campaign Medal, with 60 Device//Meritorious Unit Citation//Overseas Service
Bars (4)//Combat Sp Skill with Dr Bar//Republic of Vietnam Cross Gallantry
with Palm//Army Service Ribbon//Service Stripes-5//Good Conduct Medal 4th
Award//Overseas Service Ribbon-1//Army Commendation Medal//Vietnam
Counteroffensive Phase III, IV, VII//TET Counteroffensive//Consolidation I,
II// Vietnam Cease-Fire."  No entry for the Good Conduct Medal, beyond the
fourth award, is shown on the applicant's DD Form 214.  Only five service
stripes are shown among his authorized awards and decorations.
Abbreviations and other contraction have been used, contrary to the
regulation in effect at the time of the preparation of the DD Form 214.
The Combat Sp Skill with Dr Bar is an incorrect entry.  This badge is
believed to be the Driver and Mechanic Badge, with Driver-W Bar (for
wheeled vehicles).  All the applicant's awards, for all periods of service,
have not been carried forward to this, his last issued DD Form 214.

5.  Item 13, of the applicant's DD Form 214, reflects that the applicant
was only awarded four Good Conduct Medals throughout his 21-plus years of
active Army service; however, orders are available in his Official Military
Personnel File (OMPF) showing that he was awarded the Good Conduct Medal,
7th Award, albeit, orders are not correct, nor are they in sequence.

6.  Orders on file in the applicant's OMPF, which are not in the correct
number and in the correct sequence, show that the applicant was awarded:

      a.  the Good Conduct Medal, for the period 16 September 1966 through
15 September 1969, by General Orders Number 2, Headquarters Command,
1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, Kansas,
dated 10 August 1970. [This order is correct and covers the appropriate
period of service.]

      b.  the Good Conduct Medal, 4th Award, for the period 16 September
1972 through 15 September 1975, by General Orders Number 255, Headquarters
Fort Sheridan, Fort Sheridan, Illinois, dated 9 December 1975.  These
orders were later amended by General Orders 31, Headquarters, Fort
Sheridan, dated 29 January 1976, to read:  Awarded:  Good Conduct Medal,
3rd Award.  [These orders are correct, as amended although out of
sequence.]

      c.  the Good Conduct Medal, 2nd Award, for the period 16 September
1969 through 15 September 1972 by General Orders Number 26, Headquarters
Fort Sheridan, Fort Sheridan, Illinois, dated 26 January 1976.  [This order
is correct and covers the appropriate period of service although published
out of sequence.]

      d.  the Good Conduct Medal, 5th Award, for the period 16 September
1978 through 15 September 1981, by Permanent Orders 9-1, Ohio River
Division, Corps of Engineers, Cincinnati, Ohio, dated 15 September 1981
[This order is correct and covers the appropriate period of service.]; and

      e.  the Good Conduct Medal, 7th Award, for the period 16 September
1984 through 15 September 1987, by Permanent Orders 10-1, Ohio River
Division, Corps of Engineers, dated 10 September 1987.  [This order is
correct and covers the appropriate period of service.]

7.  There are no orders, either general orders or permanent orders, in the
applicant's service records awarding the applicant the 4th and 6th award of
the Good Conduct Medal.  Since the applicant was awarded the 7th Award of
the Good Conduct Medal and is available, the indication is that orders were
published but not appropriately entered in his records.  The applicant is
entitled to have orders published and awarded to him.

8.  The applicant completed two tours of duty in the Republic of Vietnam.
The applicant's DD Form 214 does not show the Vietnam Service Medal or the
service stars to which he is entitled for his campaign participation.  The
applicant's first tour of duty in Vietnam spanned the period 9 August 1967
through 4 August 1968.  During this period, the applicant participated in
the following four campaigns:  the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through
30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended
from 1 July through 1 November 1968.

9.  The applicant's second tour of duty in Vietnam spanned the period 5 May
1971 through 31 March 1972.  During this period, the applicant participated
in the following four campaigns:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; the Consolidation I,
which extended from 1 July through 30 November 1971; the Consolidation II,
which extended from 1 December 1971 through 29 March 1972; and the Vietnam
Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

10.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

11.  During the applicant's first tour of duty in Vietnam, he served with
Headquarters and Headquarters Company, 214th Combat Aviation Battalion;
Headquarters and Headquarters Company, 308th Combat Aviation Battalion; and
Headquarters and Headquarters Company, 145th Combat Aviation Battalion.

12.  Item 13, of the applicant's DD Form 214 incorrectly shows that the
applicant was awarded the Meritorious Unit Citation and the Republic of
Vietnam Cross of Gallantry with Palm.  These awards are incorrectly
identified.

13.  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 Headquarters and Headquarters Company, 214th
Combat Aviation Battalion; was awarded the Meritorious Unit Commendation,
for the period 1 January through 31 December 1967 by Department of the Army
General Orders (DAGO) Number 48, dated 1968; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 27 March 1967
through 17 May 1968 by DAGO Number 46, dated 1969; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969,
while he was a member of the unit.

14.  DA Pamphlet 672-3 also shows that Headquarters and Headquarters
Company, 308th Combat Aviation Battalion, was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 22
February 1967 through 17 May 1968 by DAGO Number 21, dated 1969, while he
was a member of the unit.

15.  During the applicant's second tour of duty in Vietnam, he served with
Headquarters and Headquarters Detachment, 36th Signal Battalion,
Headquarters and Headquarters Detachment, 2nd Signal Group, Headquarters
and Headquarters Detachment, 160th Signal Group, and Headquarters and
Headquarters Company, U.S. Army Strategic Communications Command, Signal
Support Agency; and Headquarters and Headquarters Detachment, 44th Signal
Battalion.  No unit awards/citations accrued to the above units while the
applicant was a member of these units.

16.  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.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

18.  The applicant was awarded the Army Achievement Medal, by Permanent
Orders 6-1, Ohio River Division, Corps of Engineers, Cincinnati, Ohio,
dated 22 April 1983.  This award does not appear on the applicant's DD Form
214.

19.  The applicant was awarded the Meritorious Service Medal, by Permanent
Orders 23-1, Paragraph 2, US Army Corps of Engineers, Washington, DC, dated
24 August 1987.  This award does not appear on the applicant's DD Form 214.

20.  The applicant was awarded the German Army Achievement Badge, in
Silver, and the German Army Marksmanship Award, in Gold.  The applicant
received authority from the U.S. Army Military Personnel Center [now the
U.S. Army Human Resources Command], Alexandria, Virginia, on 30 November
1981, to accept and wear these foreign awards.  These foreign awards do not
appear on the applicant's DD Form 214.

21.  The applicant successfully completed both the Advanced Noncommissioned
Officer Education System courses for the Military Occupational Specialty
(MOS) 75Z (Personnel Senior Sergeant) and 71L (Administrative
Noncommissioned Officer) through the Army's Correspondence Course Program.
Item 13, of the applicant's DD Form 214, does not show the NCO Professional
Development Ribbon, with numeral "3."

22.  AR 600-8-22 shows that the Secretary of the Army established the
Noncommissioned Officer Professional Development Ribbon on 10 April 1981.
It is awarded to soldiers of Active Army, Army National Guard, and US Army
Reserve for successful completion of designated NCO professional
development courses.  Graduates of advanced level courses (Service School-
ANCOC) will be awarded the ribbon with the numeral "3."
23.  The applicant was credited with completion of two tours of duty in
Germany.  These completed overseas tours of duty were not recognized with
another U.S. service medal.  The Overseas Service Ribbon, with a numeral
"1" is shown on the applicant's DD Form 214; however, the number of
completed overseas tours is incorrect.  The numeral should be a "2" to
denote the two completed tours of duty.

24.  AR 600-8-22 shows that the Secretary of the Army established the
Overseas Service Ribbon on 10 April 1981.  The regulation states, in
pertinent part, that effective 1 August 1981, all members of the Active
Army, Army National Guard, and Army Reserve in an active Reserve status are
eligible for the award for successful completion of overseas tours.  The
award may be awarded retroactively to those personnel who were credited
with a normal overseas tour completion before 1 August 1981 provided they
had an Active Army status on or after 1 August 1981 and the overseas
service is not recognized with another U.S. service medal.  Numerals are
used to denote the second and subsequent awards of the Overseas Service
Ribbon.

25.  Army Regulation 670-1 provides the criteria for the wearing of service
stripes.  The Regulation states that, "One stripe is authorized for each 3
years of honorable active Federal service; active Reserve service,
creditable for retired pay, for non-regular service; or a combination.
There is no limit to the number of service stripes to be worn; however,
service stripes will not cover the chevrons.  Service need not have been
continuous, and the 10th stripe is authorized after 29½ years.  Individuals
authorized more than 10 service stripes may elect whether or not to wear
them."  Although this is not an item that is normally included among an
individual's awards and decorations, the Army Board for the Correction of
Military Records has a policy that an individual will be left no worse off
than when he applied to the Board for a correction of military records;
therefore, the issue of the correct number of service stripes will be
addressed in these proceedings as an exception to regulatory guidance.

DISCUSSION AND CONCLUSIONS:

1.  All the applicant's awards, for all periods of service, were not
carried forward to his last issued DD Form 214.  All awards, for all
periods of the applicant's service are to be carried forward to this, his
last issued DD Form 214.

2.  Abbreviations and other contraction have been used in Item 13, of the
applicant's DD Form 214, contrary to the regulation in effect at the time
of its
preparation.  Some awards and decorations have been incorrectly identified.
 It would be appropriate to correct all incorrect entries identified in
Item 13 of the applicant's DD Form 214.

3.  Orders awarding the applicant the Good Conduct Medal, 4th Award, for
the period 16 September 1975 through 15 September 1978, and the Good
Conduct Medal, 6th Award, for the period 16 September 1981 through 15
September 1984, are not on file in the applicant's service records.  It
would be appropriate to publish orders and recognize the applicant's
conduct, efficiency, and fidelity, for these periods of his service.

4.  Only five service stripes are shown among the applicant's authorized
awards and decorations.  These five service stripes account for only 15
years of the applicant's honorable service to the Army.  It would be
appropriate to correct the number of service stripes to which the applicant
is entitled for his over 21 years Army service by awarding him seven
service stripes.

BOARD VOTE:

__mdm___  __kah___  __rld___  GRANT FULL 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.  deleting the Meritorious Unit Citation; the Combat Special
Skills, with Drivers Bar; the Republic of Vietnam Cross of Gallantry with
Palm (there is no record available that shows the applicant received this
award as an individual award); the Service Stripes – 5; the Overseas
Service Ribbon-1; and the Good Conduct Medal, 4th Award.

      b.  entering the following in place of the above awards:  Meritorious
Unit Commendation; the Driver and Mechanic Badge, with Driver-W Bar (for
wheeled vehicles); the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; seven service stripes; the Overseas Service Ribbon-2; and the
Good Conduct Medal, 7th award.

      c.  adding the already-awarded Meritorious Service Medal; the NCO
Professional Development Ribbon, with Numeral "3"; the Army Achievement
Medal; the German Army Achievement Badge, in Silver; and the German Army
Marksmanship Award, in Gold.

      d.  awarding the applicant the following unit awards and adding them
to Item 13 of his DD Form 214: the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and two awards of the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and

      e.  publishing orders awarding the applicant the Good Conduct Medal,
4th Award, for the period 16 September 1975 through 15 September 1978, and
the Good Conduct Medal, 6th Award, for the period 16 September 1981 through
15 September 1984, to recognize the applicant's conduct, efficiency, and
fidelity, for these periods of his service




                 Mark D. Manning
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004100892                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|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.                      |                                        |



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