RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR2004107132


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |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 that his records be corrected to reflect award
of any awards and decorations he may be entitled to, including the Vietnam
Campaign Medal and qualification as an expert with the M-14 rifle.

2.  The applicant states the awards were omitted from his separation
document.

3.  The applicant provides a copy of his separation document in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 August 1967.  The application submitted in this case is
dated
24 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.  Records available to the Board indicate that the applicant entered
active duty on 23 August 1965.  While undergoing training, he qualified as
an expert with the M-14 rifle and was awarded the associated badge and
component bar.  Orders issued at Fort Dix, New Jersey confirmed the award,
but the information was omitted from his separation document.

4.  Upon completion of training the applicant was briefly assigned to an
Army Field Station in Ethiopia as a Morse Interceptor before being
evacuated in a patient status to Valley Forge General Hospital in
Pennsylvania.  In March 1967 he returned to duty and was assigned to 8th
Radio Research Field Station in Vietnam.

5.  On 4 June 1967 the applicant departed Vietnam in an emergency leave
status and was ultimately assigned to Fort Dix, New Jersey.  On 8 August
1967 he was released from active duty with an honorable characterization of
service, in pay grade E-3, as a result of a hardship stemming from the
death of his father.

6.  His separation document reflects entitlement to the National Defense
Service Medal and the Vietnam Service Medal.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phases II and III) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.

8.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.

9.  Army Regulation 600-8-22 states that the Republic of Vietnam Campaign
Medal was awarded by the Government of the Republic of Vietnam to members
of the United States Armed Forces.  To qualify for award personnel must
have served in the Republic of Vietnam for 6 months between 28 January 1973
and
28 March 1973 unless wounded, killed, or captured by hostile forces.

10.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  His conduct and efficiency ratings
throughout his military service were excellent and his records contain no
evidence of any disciplinary actions or incidents of misconduct.



DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant qualified as an expert with
the M-14 rifle and that he was awarded the associated badge and component
bar.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to two bronze
service stars on his Vietnam Service Medal and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.  His records should be corrected
to reflect that information.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 8 August 1967.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 23 August 1965 through
8 August 1967.

4.  Unfortunately, because the applicant did not serve the required 6
months of service in Vietnam, he is not entitled to award of the Vietnam
Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__FE ___  ___RD __  ___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.  showing that he qualified as an expert with the M-14 rifle and was
awarded the associated badge and component bar;
      b.  showing that he is entitled to two bronze service stars on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and


      c.  awarding him the Army Good Conduct Medal for the period 23 August
1965 through 8 August 1967.


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 Vietnam Campaign Medal.




                            ______ Fred Eichorn________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004107132                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040106                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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