RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002444


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. 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 award of the Combat Infantryman Badge, Good
Conduct Medal, and Republic of Vietnam Gallantry Cross.

2.  The applicant states, in effect, that his discharge document does not
reflect these awards and he feels that he earned these medals with his
service in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and information on the
awards from the U.S. Army Tank-Automotive and Armaments Command website, in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 June 1968, the date of his separation from active duty.  The application
submitted in this case is dated 31 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 enlisted in the
U.S. Army on 8 June 1965.  Upon completion of basic combat training, basic
airborne training, and advanced individual training, the applicant was
awarded military occupational specialty (MOS) 12A (Pioneer).  He was
subsequently awarded MOS 12B (Combat Engineer).

4.  The applicant's military service record shows that he was assigned to
Company C, 1st Engineer Battalion, 1st Infantry Division in Vietnam, from
31 December 1965 through 14 December 1966.  He was separated from the U.S.
Army under honorable conditions on 7 June 1968 after serving on active duty
for a total of 3 years.

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, Purple Heart, Republic of Vietnam Campaign Medal,
Vietnam Service Medal with 1 bronze service star, and Expert Marksmanship
Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from
26 December 1965 through 17 December 1966.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive
campaign.

7.  The applicant provides his discharge document and information on the
awards from the U.S. Army Tank-Automotive and Armaments Command website, in
support of his application.  These documents provide some basic information
in helping to determine the applicant's entitlement to the awards.

8.  There is no evidence of records which shows that the applicant was
awarded the Combat Infantryman Badge.  There also is no evidence of
records, and the applicant provides no evidence, to show that he is
eligible for award of the Combat Infantryman Badge for his service in
Vietnam.

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to the Company C, 1st Engineer Battalion in Vietnam, the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
by Headquarters, Department of the Army, General Orders Number 21 (1969).

11.  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.

12.  The applicant's record contains a copy of Headquarters, U.S. Army
Infantry Center, Fort Benning, Georgia, Special Orders Number 268, dated
10 November 1965, which shows that he was awarded the Parachutist Badge.



13.  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 Company C, 1st Engineer Battalion (Vietnam), the
unit was cited for award of the Meritorious Unit Commendation by
Headquarters, Department of the Army, General Orders Number 20 (1967).
This document also shows that, at the time of the applicant's assignment,
the unit was cited for a second award of the Meritorious Unit Commendation
by Headquarters, Department of the Army, General Orders Number 10 (1968).

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in two campaigns during his service in Vietnam.
This document shows that the applicant participated in the Vietnam
Counteroffensive and Vietnam Counteroffensive Phase II campaigns.

15.  Army Regulation 600-8-22 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 MOS.  In addition, they must
have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.

16.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.  The Military Awards Branch of
the U.S. Army Human Resources Command (formerly known as the Total Army
Personnel Command) has advised that, in similar cases, 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.




17.  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.

18.  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.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

20.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.  Army Regulation 600-8-22 states, in pertinent part, that the
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Meritorious Unit Commendation.

21.  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.



22.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the,
Combat Infantryman Badge, Good Conduct Medal, and Republic of Vietnam
Gallantry Cross.  The applicant further contends that his discharge
document does not reflect these awards and he feels that he earned these
medals with his service in Vietnam.

2.    There is no evidence of records which shows that the applicant held
an infantry MOS or served in active ground combat while assigned or
attached to an infantry unit of brigade, regimental or smaller size while
in Vietnam.  There are no orders that show the applicant was awarded the
Combat Infantryman Badge. Therefore, there is insufficient evidence upon
which to base award of the Combat Infantryman Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 8 June 1965 through 7 June 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.

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.  Special Orders awarded the applicant the Parachutist Badge.  Therefore,
it would be appropriate to correct his records to show this badge.

6.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation on two occasions.  Therefore, it would be appropriate to
correct his records to show two awards of this unit award.

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

8.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
6 June 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:

________  ________  ________  GRANT FULL RELIEF

__MHM__  __ALR__  __LDS___  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.  awarding the applicant the Good Conduct Medal for the period
8 June 1965 through 7 June 1968;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal
with 1 Bronze Service Star; and

      c.  correcting his DD Form 214 to add the Good Conduct Medal,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam
Service Medal with 2 bronze service stars, Parachutist Badge, Meritorious
Unit Commendation with 1 oak leaf cluster, and 2 Overseas Service Bars.

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 Combat Infantryman Badge.




                                  ____MELVIN H. MEYER______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002444                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680607                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter, Section VI         |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0111.0000                           |
|4.                      |107.0094.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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