RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                  27 OCTOBER 2005
      DOCKET NUMBER:              AR20050000970


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Allen Raub                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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 his
award of the Combat Medical Badge (CMB) and his award of the Army
Commendation Medal (ARCOM) with “V” Device.

2.  The applicant states that he was awarded the CMB as a medic in Vietnam
and was awarded the ARCOM with “V” Device.  However, the CMB Badge was
omitted from his report of separation (DD Form 214) and it does not reflect
the “V” Device on his ARCOM.

3.  The applicant provides a copy of his DD Form 214 and orders awarding
him the ARCOM with “V” Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 October 1967.  The application submitted in this case is
dated 15 December 2004 and was received on 20 January 2005.

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.  He was inducted in Newark, New Jersey, on 4 November 1965.  He
completed his basic combat training at Fort Hood, Texas, and his advanced
individual training at Fort Sam Houston, Texas, before being transferred
back to Fort Hood for duty as a medical corpsman.  On 7 June 1966, he was
transferred to Fort Riley, Kansas, and was assigned to Headquarters and
Headquarters Company, 3rd Battalion, 47th Infantry Regiment, 9th Infantry
Division, for duty as a corpsman.  He was advanced to the pay grade of E-4
on 10 November 1966.

4.  On 10 January 1967, he was transferred to Vietnam with his unit and on
11 March 1967, Special Orders Number 70, published by Headquarters, 9th
Infantry Division, awarded him the CMB.


5.  On 23 July 1967, General Orders Number 3571, published by Headquarters,
9th Infantry Division, awarded him the ARCOM with “V” Device for heroism in
Vietnam on 19 June 1967.

6.  He departed Vietnam on 24 October 1967 and was transferred to Fort Dix,
New Jersey, where he was honorably released from active duty (REFRAD) on
25 October 1967, as an early overseas returnee.  He had served 1 year,
11 months and 23 days of total active service and his DD Form 214 issued at
the time of his REFRAD shows that he was awarded the National Defense
Service Medal, the Vietnam Service Medal (VSM) the Republic of Vietnam
Campaign Medal and the ARCOM.

7.  A review of his records shows that he received excellent character and
efficiency ratings throughout his service and it contains no derogatory
information that would serve to disqualify him for award of the Army Good
Conduct Medal (GCMDL).

8.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the AGCM.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he
was assigned to the unit.  Additionally, he participated in two campaigns
while assigned to Vietnam and is entitled to be awarded two bronze service
stars for wear on his already awarded VSM.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the
CMB and the ARCOM with “V” Device.  Accordingly, it would be in the
interest of justice to correct his records to show his award of the CMB and
the ARCOM with “V” Device instead of just the “ACM” that is currently
reflected on his DD 214.

2.  The evidence of record also shows that he is entitled to be awarded the
RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze
service stars for wear on his already awarded VSM.

3.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 4 November 1965 through 25 October 1967.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

4.  The Board found that the applicant not receiving the GCMDL was likely
the result of an administrative error as opposed to it being the result of
a conscious disqualification by any of the unit commanders for which he
served.  Therefore, in the interest of justice, the Board determined that
this error should be corrected and the applicant should receive the GCMDL
at this time.

BOARD VOTE:

___MM__  ___AR __  ___LS___  GRANT 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 showing that he was awarded the CMB
and the ARCOM with “V” Device (vice “ACM” that is currently reflected on
his DD Form 214) and that he be awarded the GCMDL for the period of 4
November 1965 to 25 October 1967, the RVNGC w/Palm Unit Citation, the
RVNCAHM – FC Unit Citation and two bronze service stars for wear on his
already awarded VSM.






            ____Melvin Meyers__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000970                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19671025                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 411                     |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |159/cmb                                 |
|1.107.0113              |                                        |
|2.107.0020              |66/arcom w/V                            |
|3.107.0094              |140/rvngc                               |
|4.107.0095              |141/rvncahm                             |
|5.                      |                                        |
|6.                      |                                        |


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