RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 October 2005
      DOCKET NUMBER:  AR20050002818


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, that his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected by
adding the Good Conduct Medal; the Vietnam Service Medal, with three bronze
service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation; the Presidential Unit Citation; the Meritorious Unit
Commendation; the Valorous Unit Award; the Sharpshooter Marksmanship
Qualification Badge, with Rifle and Automatic Rifle Bars (M-14 and M-16
Rifles); and the Marksman Marksmanship Qualification Badge, with Machinegun
Bar.

2.  The applicant states, in effect, that the requested awards were omitted
from his DD Form 214 when he left Vietnam and the Army.

3.  The applicant provided a copy of his DD Form 214; a copy of
correspondence addressed to him from the National Personnel Records Center,
dated 7 February 2005; a copy of his DA Form 20, Enlisted Qualification
Record; and a copy of three orders awarding him marksmanship qualification
badges and one order of assignment in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or an
injustice that occurred on 25 November 1970.  The application submitted in
this case is dated 14 February 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 record shows that he was inducted into the Army of the
United States on 20 January 1969.  He completed his basic combat training
at Fort Benning, Georgia, and his advanced individual training at Fort
Polk, Louisiana.  After completing all required training, he was awarded
the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was selected for and completed the Noncommissioned
Officer (NCO) Candidate Course on 14 September 1969.  While in the NCO
Candidate Course, the applicant was promoted to Corporal, E-4, on 9 June
1969, and to Sergeant, E-5, on 2 September 1969.

5.  The applicant was assigned to Vietnam and he arrived there on 30
December 1969.  He was assigned to Company B, 2nd Battalion, 12th Infantry
Regiment, 25th Infantry Division, for duty as an infantry team leader.  On
8 June 1970, he was reassigned to Headquarters and Headquarters Company and
Band, 25th Infantry Division Support Command, as an information supervisor.
 He remained with this unit until 24 November 1970 when he was returned to
the United States for release from active duty.

6.  The applicant was released from active duty on 25 November 1970, under
the provisions of Army Regulation (AR) 635-200, Early Separation of
Overseas Returnee, in the rank and pay grade of Sergeant, E-5, with 1 year,
10 months, and 6 days active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Combat
Infantryman Badge.  No other awards are shown on the applicant's DD Form
214.

8.  There is no entry in Item 41 (Awards and Decoration), of the
applicant's DA Form 20, Enlisted Qualification Record, to show he was
awarded the Good Conduct Medal; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; the Presidential Unit Citation; the
Meritorious Unit Commendation; and the Valorous Unit Award.  The Vietnam
Service Medal is shown; however, the three bronze service stars are not.
The Sharpshooter Marksmanship Qualification Badge, with Rifle and
Automatic Rifle Bars (M-14 and M-16 Rifles); and the Marksman
Marksmanship Qualification Badge, with Machinegun Bar are also shown;
however, they were not transposed to the DD Form 214 on the applicant's
release from active duty.

9.  There are no orders in the applicant's service personnel records to
show he was awarded the Good Conduct Medal.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

11.  While in Vietnam, the applicant participated in the following three
campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

12.  The applicant consistently had "excellent" conduct and efficiency
ratings while he served on active duty.  There is no evidence of
indiscipline or a breach of good order during this period of active duty.
There is no record that he was subjected to either nonjudicial punishment
or to court-martial.  There is no entry in Item 42 (Remarks), of the
applicant's DA Form 20, to indicate that he was disqualified from award of
the Good Conduct Medal by any of his commanders.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar (M-14 Rifle), in paragraph 22, Special Orders 53,
published by Headquarters, US Army Training Center, Infantry, Fort Benning,
Georgia, on 5 March 1969.  This marksmanship qualification badge is not
shown on his DD Form 214.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar (M-16 Rifle), in paragraph 11, Special
Orders 63, published by Headquarters, US Army Training Center, Infantry,
Fort Benning, Georgia, on 17 March 1969.  This marksmanship qualification
badge is not shown on his DD Form 214.

15.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Machinegun Bar (M-60 Machinegun), in paragraph 249, Special
Orders 097, published by Headquarters, US Army Training Center, Infantry
and Fort Polk, Fort Polk, Louisiana, on 24 April 1969.  This marksmanship
qualification badge is not shown on his DD Form 214.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.
17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the 2nd Battalion,
12th Infantry Regiment, was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 1 September 1968 through 30
September 1970, by Department of the Army General Order (DAGO) Number 5,
dated 1973, and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 1 August 1967 through 21 January 1970,
by DAGO 51, dated 1971, while the applicant was a member of the unit.
These unit awards are not shown on his DD Form 214.

18.  DA Pamphlet 672-3 also shows that Headquarters and Headquarters
Company and Band, 25th Infantry Division Support Command, was awarded the
Meritorious Unit Commendation, for the period 1 January through 5
December 1970, by DAGO 50, dated 1973, the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28
March 1973, by DAGO Number Order 8, dated 1974, and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period April 1966 through 21 January 1970, by DAGO 51, dated 1971.  These
unit awards are also not shown on his DD Form 214.

19.  There is no evidence that the applicant's units were awarded the
Presidential Unit Citation or the Valorous Unit Award at the time he was a
member of the unit.

20.  AR 672-5-1, in effect at the time of the applicant's separation,
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency, and fidelity during a
qualifying period of active duty enlisted service.  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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character)
and efficiency ratings must be recorded as "Excellent" except that ratings
of "Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with
the unit any time during the period cited; or was attached by competent
orders to, and present for duty with the unit during the entire period, or
for at least thirty consecutive days of the period cited.

22.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his service in the Army.  He was selected for and
completed the NCO Candidate Course and led an infantry team in Vietnam.  He
attained the rank and pay grade of Sergeant, E-5, and there is no record of
lost time in his service personnel records.  There is no indication in his
records that his commander(s) took any action to deny him the Good Conduct
Medal.  Based on this excellent record of service, he is eligible for award
of the Good Conduct Medal for the period 20 January 1969 through 25
November 1970 and to have the Good Conduct Medal added to his DD Form 214.

2.  The applicant was awarded the Vietnam Service Medal.  While he was in
Vietnam, the applicant participated in three campaigns.  He is therefore
entitled to award of three bronze service stars to be affixed to his
Vietnam Service Medal to denote his campaign participation credit.  He is
entitled to have these stars shown on his DD Form 214 in conjunction with
the Vietnam Service Medal as the Vietnam Service Medal, with three bronze
service stars.

3.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar; the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle Bar; and the Marksman Marksmanship Qualification
Badge, with Machinegun Bar.  These marksmanship qualification badges are
not shown on his DD Form 214.  It would be appropriate to add them his DD
Form 214 at this time.
4.  The applicant served in units that were awarded the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation (two awards), and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation (two awards) at the time he was a member
of the units.  He is therefore entitled to these unit awards and to have
them added to his DD Form 214.

5.  There is no evidence that the units the applicant was assigned to were
awarded the Presidential Unit Citation and the Valorous Unit Award at the
time he was a member of the unit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RR____  _BJE  ___  _HOF____  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to the applicant's DD Form 214;


      c.  awarding the applicant the Good Conduct Medal for the period
20 January 1969 through 25 November 1970 and adding this award to his
DD Form 214;

      d.  awarding the applicant the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards);
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation; and adding these unit awards to his DD Form 214.

      e.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle and Automatic Rifle Bar and, the Marksman
Marksmanship Qualification Badge, with Machinegun Bar, to the applicant's
DD Form 214.

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 Presidential Unit Citation and the Valorous Unit Award
and their addition to the applicant's DD Form 214.




                            __     Barbara J. Ellis_______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050002818                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]