RECORD OF PROCEEDINGS


      IN THE CASE OF:      .


      BOARD DATE:           NOVEMBER 4, 2004
      DOCKET NUMBER:   AR2004104600


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Good Conduct Medal; and the
Air Assault Badge, be added to his DD Form 214, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that his unit was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation; he was told that he
was eligible for award of the Good Conduct Medal and the Air Assault Badge.
 Because he is now in his 50s, he can hold his head up high and it is
important to him and his children and he earned them by spending 12 months,
4 days, and 23 hours in the field as a "grunt."

3.  The applicant submitted a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and an
injustice that occurred on 8 April 1969.  The application submitted in this
case is dated 16 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 military records show that he was inducted into the
Army of the United States on 6 September 1967.  He received his basic
combat and his advanced individual training at Fort Lewis, Washington.
Upon completion of all required military training, he was awarded military
occupational specialty (MOS) 11C, Indirect Fire Infantryman.

4.  The applicant was assigned to Company D, 5th Battalion, 12th Infantry,
Fort Lewis, Washington.  The applicant was assigned to Vietnam as part of a
unit
permanent change of station.  He arrived there with his unit on 5 April
1968.  On 19 July 1968, he was reassigned to Company D, 4th Battalion, 12th
Infantry, 199th Infantry Brigade. The applicant remained with this unit
until he was returned to the United States for release from active duty on
8 April 1969.

5.  The applicant was honorably released from active duty, on 8 April 1969,
in the rank and pay grade of Specialist Four, E-4, under the provisions of
Army Regulation (AR) 635-200, chapter 5, section II, Early Separation of
Overseas Returnees.  On his release from active duty, the applicant had
1 year, 7 months, and 3 days active military service.

6.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following:  the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the
Combat Infantryman Badge.  The Good Conduct Medal; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; and the Air Assault Badge are
not shown as authorized awards.

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

8.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; and
the Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969.

9.  AR 600-8-22, in pertinent part, provides for 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.

10.  On 17 October 1967, the applicant qualified with his assigned weapon
and was awarded the Sharpshooter Marksmanship Qualification Badge, with
Rifle Bar (M-14 Rifle).  This qualification badge is not shown on the
applicant's separation document.
11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant served with in Vietnam, Company D, 5th Battalion, 12th
Infantry, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation for the period 19 June 1968 through 31 July 1970 by
Department of the Army General Orders Number (DAGO) 51, dated 1971, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the period April 1968 through 31 August 1970, by DAGO 51, dated 1971.

12.  This document also shows that, Company D, 4th Battalion, 12th
Infantry, 199th Infantry Brigade, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968
through 31 July 1970, by DAGO 51, dated 1971, and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, for the period 12
December 1966 through 31 August 1970, by DAGO 51, dated 1971.

13.  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.

14.  The applicant's conduct and efficiency throughout his enlistment, with
exception of the conduct and efficiency ratings given while he was
undergoing advanced individual training, were consistently rated as,
"Excellent."  There is no evidence of the applicant ever having received
non-judicial punishment, of having been subjected to court-martial, or of
having any record of lost time.

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.

16.  In his application, the applicant erroneously identified the Air
Assault Badge as the Airmobile Badge (Combat).  Since this badge, the
Airmobile Badge (Combat) is not in the Army's inventory, clarification was
sought from the applicant.  The applicant described the badge.  The
description was that of the Air Assault Badge.

17.  AR 600-8-22, in pertinent part, sets forth requirements for award of
the Air Assault Badge.  The Chief of Staff, Army, approved the Air Assault
Badge on 18 January 1978.  Award of the Air Assault Badge requires that an
individual must have satisfactorily completed an air assault-training
course according to the U.S. Army Training and Doctrine Command
standardized Air Assault Core Program of Instruction, or completed the
standard Air Assault Course while assigned or attached to 101st Airborne
Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There is no entry in Item 42 (Remarks), on his DA Form 20,
indicating that he was ever disqualified from award of the Good Conduct
Medal by any of his unit commanders.  It appears that the failure to award
this Soldier the Good Conduct Medal was an administrative oversight and not
related to anything he did to disqualify himself from this award;
therefore, he is entitled to award of the Good Conduct Medal for the period
6 September 1967 through 8 April 1969.

2.  The applicant was released from active duty before the Army Chief of
Staff approved award of the Air Assault Badge to Soldiers on 18 January
1978, retroactive to 1 April 1974.  Notwithstanding this fact, there is no
evidence that the applicant ever attended and completed an air assault-
training course according to the U.S. Army Training and Doctrine Command
standardized Air Assault Core Program of Instruction, or completed the
standard Air Assault Course while assigned or attached to 101st Airborne
Division (Air Assault) after 1 April 1974.  There is also no evidence that
the applicant was ever assigned or
attached to the 101st Airborne Division (Air Assault).  He is therefore not
eligible for award of the Air Assault Badge and to have this badge added to
his DD Form 214.

3.  The applicant served with Company D, 5th Battalion, 12th Infantry, at
the time it was awarded the Republic of Vietnam Gallantry Cross, with Palm
Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation.  He is therefore eligible for award of these unit
citations and to have them shown on his DD Form 214.

4.  The applicant also served with Company D, 4th Battalion, 12th Infantry,
at the time it was awarded the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation.  He is therefore eligible for award of these
unit citations and to have them shown on his separation document.

5.  The applicant participated in four campaigns during his service in
Vietnam.  He is therefore eligible for award of four bronze service stars
to be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his DD Form 214.

6.  The applicant qualified sharpshooter with his assigned weapon.  He was
awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar
(M-14 Rifle).  This qualification badge is not shown on the applicant's
separation document and it would be appropriate to add this badge to his DD
Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

jkr______  mm_____  a______  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.  awarding the applicant the Good Conduct Medal for the period
6 September 1967 through 8 April 1969 and adding this award to the
applicant's DD Form 214;

      b.  awarding the applicant two Republic of Vietnam Gallantry Cross,
with Palm Unit Citations, and two Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citations, and adding these unit awards to his DD
Form 214; and

      c.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal, to denote his participation in
four campaigns while he served in Vietnam, and to be added 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
award of the Air Assault Badge and its addition to the applicant's DD Form
214.




            ____Melvin H. Meyer____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004104600                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041102                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  102                 |107.0056                                |
|3.  134                 |107.0088                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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