RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004104534


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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, award of the Army Good Conduct Medal
(AGCM), Vietnam Service Medal (VSM) with 1 bronze service star, Republic of
Vietnam Campaign Medal (RVNCM) with 60 Device, Republic of Vietnam
Gallantry Cross (RVNGC) with Palm Unit Citation, Presidential Unit Citation
(PUC), Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA),
Expert Badge with Pistol Bar and Artillery Badge.

2.  The applicant states, in effect, the awards he is requesting were left
off his records upon his departure from the Republic of Vietnam (RVN)
following his being wounded in action.

3.  The applicant provides a copy of his separation document (DD Form 214)
and Enlisted Qualification Record (DA Form 20) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 1 August 1969.  The application submitted in this case is
dated
17 February 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 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 record shows that he was inducted into the Army and
entered active duty on 3 August 1967.  He was trained in and awarded
military occupational specialty (MOS) 13A (Field Artilleryman) and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant’s DA Form 20 confirms he served in the RVN from 13
January through 1 February 1968, at which time he was wounded in action and
medically evacuated to Camp Zama, Japan.  While serving in the RVN, the
applicant was assigned to C Battery, 6th Battalion, 32nd Artillery
Regiment, performing duties in MOS 13A as a canoneer.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 further
shows that he received “Excellent” conduct and efficiency ratings at all of
his active duty assignments.  Item 40 (Wounds) contains an entry confirming
that the applicant received a fragmentation wound to the right knee on 30
January 1968.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification from any of the applicant’s active duty commanders that
would have precluded him from receiving the Army Good Conduct Medal (AGCM).
 The MPRJ also contains a copy of United States Army Hospital, Fort Gordon,
Georgia, General Orders Number 52, dated 5 December 1968, which awarded the
applicant the Purple Heart, for being wounded in action on 30 January 1968.


7.  The applicant’s MPRJ contains no orders or other documents that
indicate he earned the Expert Qualification Badge with Pistol Bar or any
type of Artillery Badge.

8.  On 1 August 1969, the applicant was honorably released from active duty
(REFRAD), by reason of expiration of term of service.  The DD Form 214 he
was issued at the time confirms that he completed a total of 1 year, 11
months and
29 days of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
that he earned National Defense Service Medal, Purple Heart, VSM and Expert
Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on award of the VSM and it states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only,
upon termination of service on or after 27 June 1950, a period of more than
one but less than 3 years is a qualifying period.   Although there is no
automatic entitlement to the AGCM, disqualification must be justified.
11.  Chapter 8 provides a list of authorized Army Badges and Tabs.  There
is no Artillery Badge included in this list of authorized Badges.
Paragraph 9-19 contains guidance on award of the RVNCM.  It states, in
pertinent part, that members who served in the RVN for six months during
the period 1 March 1961 to 28 March 1973 are eligible to receive this
award.  Further, members who served for less than six months who were
wounded by hostile forces also qualify for the award.  The ribbon for this
award contains a 60 Device.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure
the period he was assigned, the applicant’s unit (C Battery, 6th Battalion,
32 Artillery Regiment) earned the Meritorious Unit Commendation, RVN
Gallantry Cross with Palm Unit Citation and was credited with participation
in the Vietnam Counteroffensive Phase III and TET Counteroffensive
campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 3 August 1967 through 1 August 1969.

2.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the RVNCM with 60 Device,
Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation,
and 2 bronze service stars with his VSM.  Thus, it would also be
appropriate to add these awards to his record at this time.

3.  The evidence of record provides no indication that the applicant’s unit
earned the VUA or PUC during his tenure of assignment in the RVN.  Further,
the Army awards regulation does not list an Artillery Badge among the list
of authorized badges contained in chapter 8.  Finally, there are no orders
or documents on file in his MPRJ that show he qualified to receive the
Expert Qualification Badge with Pistol Bar.  Thus, there is insufficient
evidence support adding these awards to his record at this time.

BOARD VOTE:

__MHM__  ___ECP_  ___RR_ _  GRANT RELIEF

________  ________  ________  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 awarding him the first
award of the Army Good Conduct Medal, for his qualifying honorable active
duty service from 3 August 1967 through 1 August 1969; by showing that
based on his RVN service and campaign participation, he is entitled to the
Republic of Vietnam Campaign Medal with 60 Device, Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and 2 bronze service stars with his Vietnam Service Medal; and by providing
him a corrected separation document that includes these awards.

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
award of the Valorous Unit Award, Presidential Unit Citation, Expert
Qualification Badge with Pistol Bar and Artillery Badge.




            ____Melvin H. Meyer ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104534                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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