RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 September 2005
      DOCKET NUMBER:  AR20050001872


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Vietnam Campaign Medal, the
Vietnam Service Medal, the Good Conduct Medal, the Combat Medical Badge, a
certificate of achievement, and the Bronze Star Medal.

2.  The applicant states he left Vietnam before the Bronze Star Medal was
awarded to him.

3.  The applicant provides a copy of his DD Form 214 and a proposed
citation for a certificate of achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
12 December 1966.  The application submitted in this case is dated 27
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.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consists of his DD Form 214.

4.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing this
decoration to the applicant. In the absence of a proper award authority for
this decoration, the applicant may request award of the Bronze Star Medal
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 this decoration under Section 1130 and, as a result, they
will not be discussed further in this Record of Proceedings.

5.  The applicant enlisted on 23 December 1963 for a period of 3 years.  He
served as a medic in Vietnam and was released from active duty on
12 December 1966.
6.  The applicant's DD Form 214 shows the Armed Forces Expeditionary Medal
(Vietnam) and the National Defense Service Medal as authorized awards.

7.  A DD Form 215 (Correction to DD Form 214), dated 7 February 2005,
amended the applicant's DD Form 214 to delete the Armed Forces
Expeditionary Medal and to show award of the Vietnam Campaign Medal, the
Combat Medical Badge, and the Vietnam Service Medal with two bronze service
stars.  Therefore, this portion of the applicant's request will not be
discussed further in these Proceedings.

8.  There are no orders for the Good Conduct Medal in the available
records.

9.  The applicant provided a proposed citation for a certificate of
achievement for meritorious service in Vietnam from 29 April 1965 to 19
April 1966.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

11.  Army Regulation 635-5 (Separation Documents) provides instructions for
the preparation of the DD Form 214.  It states, in pertinent part, that
decorations, medals, citations and campaign ribbons awarded and authorized
will be listed in the appropriate item of the DD Form 214.  This regulation
does not authorize the listing of certificates of service or achievement
and/or letters of commendation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's service personnel records are not available,
there is insufficient evidence on which to base award of the Good Conduct
Medal in this case.

2.  Certificates of achievement are not shown on the DD Form 214.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 12 December 1966; therefore, the time for the
applicant to file a request for correction of any error expired on 11
December 1969.   The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LE_____  PS______  LH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Lester Echols_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001872                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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