RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050001931


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 discharge document be corrected to show
all of his awards and decorations.

2.  The applicant states, in effect, that all of his awards for his service
in the Republic of Vietnam are not listed on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), and pages 1, 2, and 74 of
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), dated 29 January 1988.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 October 1968, the date of his separation from active duty.
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 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's military service record shows that he was inducted into
the U.S. Army on 16 January 1967.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 76A (Supply Clerk).

4.  The applicant's military service record shows that he was assigned to
the 403rd Transportation Company (Terminal Transfer), United States Army
Vietnam, from 25 October 1967 through 14 October 1968.  He was separated
from the U.S. Army under honorable conditions on 18 October 1968 after
serving on active duty for a total of 1 years, 9 months, and 3 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal,
Marksman Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service
Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 22
October 1967 through 15 October 1968.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase III
campaign.

7.  The applicant provides his DD Form 214 and pages extracted from
Department of the Army Pamphlet 672-3 that show campaign dates,
participation credits, and unit awards for the 403rd Transportation
Company, in support of his application.

8.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam.
 This document shows that the applicant participated in the Vietnam
Counteroffensive Phase III, the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V.

11.  Department of the Army Pamphlet 672-3 lists the unit awards received
by units serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 403rd Transportation Company (Terminal
Transfer), United States Army Vietnam, the unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department
of the Army, General Orders Number 8, 1974.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one
year is required for the first award in those cases when the period of
service ends with the termination of Federal military service.  Although
there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

14.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to awards for
his service in Vietnam that are not listed on his discharge document and
requests that the document be corrected to show all of his awards and
decorations.  The applicant provides a copy of his DD Form 214 and extracts
from Department of the Army Pamphlet 672-3, which support his participation
in four campaigns while serving in Vietnam and entitlement to a foreign
unit award.

2.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 16 January 1967 through 18 October 1968 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

3.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
17 October 1971.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

__JEA___  __JAM__  __LMD__  GRANT FULL 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:

      a.  awarding the applicant the Good Conduct Medal for the period
16 January 1967 through 18 October 1968;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam
Service Medal with 4 bronze service stars, and Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                                  __JAMES E. ANDERHOLM___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001931                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19681018                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Transferred to USAR                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |007.0056.0000                           |
|2.                      |007.0073.0000                           |
|3.                      |007.0094.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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