RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:               OCTOBER 19, 2004
      DOCKET NUMBER:       AR2004102047


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Benard P. Ingold              |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 the Good Conduct Medal; Air
Medal; Bronze Star Medal; the Presidential Unit Citation; Meritorious Unit
Commendation; the Valorous Unit Commendation [correctly known as the
Valorous Unit Award]; the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, be added to his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards were omitted from
his DD Form 214 on his exit from Vietnam and from the Army.

3.  The applicant provides a copy of twenty three Xeroxed pages – documents
provided him by the National Personnel Records Center, which are on file in
his service personnel records, which includes a copy of his DD Form 214, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error, which occurred
on 5 July 1968.  The application submitted in this case is dated 29
December 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’s military records show that he was inducted into the
Army of the United States on 7 July 1966.  He completed his basic combat
training at Fort Benning, Georgia, and his advanced individual training at
Fort Polk, Louisiana.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11B (Light Weapons
Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 16
December 1966.  He was assigned to Company D, 2nd Battalion, 12th Cavalry
Regiment, 1st Cavalry Division (Airmobile).  The applicant served in
Vietnam until 16 July 1967 when he was assigned to the Medical Holding
Detachment, 7th Field
Hospital, in a patient status.  He was further assigned to the Medical
Holding Detachment, US Army Hospital, Specialized Treatment Center, Fort
Gordon, Georgia, on 24 July 1967, for further treatment.

5.  On 25 October 1967, the applicant was assigned to Company A, the
Infantry School Brigade, Fort Benning, Georgia, to complete his active duty
service obligation.

6.  The applicant was honorably released from active duty on 5 July 1968,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service, in the rank and pay grade of Sergeant, E-5, with 1
year, 11 months, and 29 days active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded: the National Defense Service Medal; the Vietnam Service Medal,
with 2 bronze service stars; the Republic of Vietnam Campaign Medal, with
Device 1960; one overseas service bar; the Combat Infantryman Badge; the
Army Commendation Medal; the Purple Heart; the Sharpshooter Marksmanship
Qualification Badge, with Pistol Bar; the Expert Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle]; and the Expert Marksmanship
Qualification Badge, with Recoilless Rifle Bar [106 mm Recoilless Rifle].
The Good Conduct Medal; the Air Medal; the Bronze Star Medal; the
Presidential Unit Citation; the Meritorious Unit Commendation; the Valorous
Unit Commendation [correctly known as the Valorous Unit Award]; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
are not shown among his awards.

8.  The applicant provided a copy of a general orders which awarded him the
Purple Heart, for wounds received in connection with military operations
against a hostile force on 24 January 1967; the Air Medal, for meritorious
achievement while participating in aerial flight during the period from
December 1966 through August 1967; and the Army Commendation Medal, for
meritorious service for the period December 166 to December 1967.  The
Purple Heart and the Army Commendation Medal are already shown on his DD
Form 214 therefore these awards will not be discussed further in this
Record of Proceedings.  The applicant provided no orders awarding him the
Bronze Star Medal and none are on file in his service personnel record.
9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Bronze Star Medal.  A search of the general
orders consolidation maintained by the Award Branch, Human Resources
Command, was made for such orders; however, this search failed to reveal
that such orders were published.  There is no entry in Item 41 (Awards and
Decorations), of the applicants DA Form 20, Enlisted Qualification Record,
showing that he was awarded the Bronze Star Medal.

10.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 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.

11.  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 D, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 9 August 1965 through 9 May 1969, by Department of the Army
General Order (DAGO) Number 59, dated 1969, while the applicant was a
member of the unit.  This unit award is not shown on his DD Form 214.

12.  DA Pamphlet 672-3, shows that Company D, 2nd Battalion, 12th Cavalry
Regiment, 1st Cavalry Division, was awarded the Presidential Unit Citation
for the period 23 October through 26 November 1965; the Valorous Unit Award
for the period 1 through 31 October 1967; and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 1 January
1969 through 1 February 1970.  The periods for these awards are all before
or after the applicant's assignment to the unit.  There is no record in DA
Pamphlet 672-3, of the unit having been awarded the Meritorious Unit
Commendation for its service in Vietnam while the applicant was a member of
the unit.

13.  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.

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.  The applicant submitted a copy of special orders awarding him the
Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle];
Expert Marksmanship Qualification Badge, with Recoilless Rifle Bar [106mm
Recoilless Rifle]; and the Sharpshooter Marksmanship Qualification Badge,
with Pistol Bar [.45 Caliber Pistol]; and the Combat Infantryman Badge.
These awards are already shown on the applicant's DD Form 214; therefore,
these awards will not be discussed further in this Record of Proceedings.

16.  The other orders, which the applicant submitted in support of his
request, have no bearing on the addition of awards to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal while he served in Vietnam.
This award was omitted from his DD Form 214.  It would be appropriate to
add this award to his DD Form 214 at this time.

2.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Sergeant, E-5, and there is no record of lost time in his service
personnel records.  The applicant earned the Army Commendation Medal, the
Purple Heart and the Combat Infantryman Badge, on the battlefield in
Vietnam.  Based on this excellent record of service, he is eligible for
award of the Good Conduct Medal for the period 7 July 1966 through 5 July
1968 and to have it added to his DD Form 214.

3.  The applicant served in a unit, Company D, 2nd Battalion, 12th Cavalry
Regiment, 1st Cavalry Division, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at the time he was a member of
the unit.  He is therefore entitled to this unit award and to have it added
to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

jch_____  bpi _____  ym______  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 by:

      a.  adding the already-awarded Air Medal to the applicant's DD Form
214;

      b.  awarding the applicant the Good Conduct Medal for the period 7
July 1966 through 5 July 1968 and adding this award to his DD Form 214; and

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this award to his DD Form 214.

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
addition of the Bronze Star Medal to the applicant's DD Form 214 at this
time.




            ____James C. Hise____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102047                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  60                  |107.0014                                |
|3.  77                  |107.0031                                |
|4.  79                  |107.0033                                |
|5.  80                  |107.0034                                |
|6.  102                 |107.0056                                |



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