RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001591


      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. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 his records be corrected to show award of the
Bronze Star Medal, the Overseas Service Ribbon, a Combat Infantryman Badge,
and the Republic of Vietnam Campaign Medal with 60 Device.

2.  The applicant states he recently entered a treatment program for
posttraumatic stress disorder and noticed the missing awards.  He states
the awards will help his application for benefits and his treatment.

3.  He states he was told he was recommended for a Bronze Star Medal prior
to leaving active duty but never heard if it was approved.  He also states
he should have been awarded the Combat Infantryman Badge because he held an
infantry specialty while in Vietnam.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 March 1968.  The application submitted in this case is
dated
14 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 limitations 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of these decorations.  In the absence of a proper award authority for these
decorations, the applicant may request those awards under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for
these decorations under Section 1130 and, as a result, they will not be
discussed further in the Record of Proceedings.


4.  Records available to the Board indicate the applicant entered active
duty on
8 March 1966.  He was trained in specialty 11C (indirect fire crewman).

5.  In August 1966 he was assigned to Vietnam as an ammo bearer (11C) with
the 1st Battalion, 8th Cavalry.  He was awarded the Purple Heart for wounds
sustained on 28 December 1966 and was subsequently evacuated from Vietnam.

6.  He completed his service contract at Fort Knox, Kentucky and on 7 March
1968 was released from active duty in pay grade E-5.  His service was
characterized as honorable.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas
Service Ribbon was established by the Secretary of the Army on 10 April
1981.  The regulation states, in pertinent part, that effective 1 August
1981, all members of the Active Army, Army National Guard, and Army Reserve
in an active Reserve status are eligible for the award for successful
completion of overseas tours.  The award may be awarded retroactively to
those personnel who were credited with a normal overseas tour completion
before 1 August 1981 provided they had an Active Army status on or after 1
August 1981 and the overseas service is not recognized with another U.S.
service medal.  Numerals are used to denote the second and subsequent
awards of the Overseas Service Ribbon.

10.  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 one designated campaign (Vietnam
Counteroffensive Phase II) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.  The
unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm during his tenure with the organization.  The unit award was also
omitted from his separation document.

11.  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.

12.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry specialty and was
assigned to an infantry unit in Vietnam.  His award of the Purple Heart is
evidence of his participation in ground combat.  As such, in the interest
of justice and equity, it would be appropriate to award the applicant the
Combat Infantryman Badge.

2.  The evidence also confirms the applicant met requirements for award of
the Vietnam Campaign Medal and that he is entitled to one bronze service
star on his Vietnam Service Medal, and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.  His records should be corrected
accordingly.

3.  The applicant was not on active duty on or after 1 August 1981 and as
such, does not meet the eligibility requirement for award of the Overseas
Service Medal.  Even with service after 1 August 1981 the applicant would
not be eligible for the award because his overseas service was already
recognized by the Vietnam Service Medal.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 7 March 1968.  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 8 March 1966 through 7 March 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WP___  __JM ___  ___LO  __  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:

      a.  by awarding him the Combat Infantryman Badge;


      b.  by showing that he is entitled to the Vietnam Campaign Medal, one
bronze service star on his Vietnam Service Medal, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm; and




      c.  by awarding him the Army Good Conduct Medal.

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 Overseas Service Medal.




                            _____ William Powers________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001591                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|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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