RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050002822


      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. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 records be corrected to reflect award
of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross
Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, a Presidential Unit Citation, a Meritorious Unit
Commendation, and a Valorous Unit Award, which he refers to as a VUC
(Valorous Unit Commendation).

2.  The applicant states the awards were omitted when he departed Vietnam
and the Army.

3.  The applicant provides extracts from his service personnel file and a
copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 June 1969.  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.  Records available to the Board indicate the applicant enlisted and
entered active duty on 15 June 1966.  He had excellent conduct and
efficiency ratings while undergoing training.

4.  On 14 November 1966 he departed Fort Eustis, Virginia enroute to
Vietnam.  However, he was unable to report to Fort Dix, New Jersey for
onward transportation to Vietnam because of a lack of funds and was
subsequently carried in an AWOL (absent without leave) status for 2 days.
He surrendered to military officials in Nashville, Tennessee and was
provided a transportation voucher to complete his travel.  There is no
evidence of any disciplinary action resulting from his 2 days of AWOL.

5.  The applicant arrived in Vietnam in December 1966 and was assigned to
the 155th Transportation Company.  He was promoted to pay grade E-3 on
26 December 1966 and to pay grade E-4 in August 1967.  He remained in
Vietnam until December 1967 when he returned to the United States and was
assigned to Fort Campbell, Kentucky for the duration of his enlistment
contract.  His conduct and efficiency ratings while in Vietnam and at Fort
Campbell were excellent.  He was promoted to pay grade E-5 in April 1968.

6.  On 16 June 1969 the applicant was released from active duty with an
honorable characterization of service.

7.  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.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit, the
155th Transportation Company was awarded a Meritorious Unit Commendation
during his period of assignment with the unit.  There is no indication that
the unit was awarded the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, a Presidential Unit Citation, or a Valorous Unit
Award.

9.  Department of the Army Pamphlet 672-3 provides, in pertinent part, for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to
all individuals who served in Vietnam between 20 July 1965 and 28 March
1973 in a unit which was subordinate to Headquarters, United States Army
Vietnam.  The applicant’s unit was such a unit.



DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 16 June 1969.  There is no evidence his
commander ever disqualified him from receiving the award.  While he did
have 2 days of lost time prior to arriving in Vietnam, there is no
indication that any members of his chain of command felt the lost time was
serious enough to warrant disciplinary action.  The fact he continued to
received excellent conduct and efficiency ratings and to be promoted
supports a conclusion the applicant met the basic qualifications for award
of the Army Good Conduct Medal.  As such, in the interest of equity it
would be appropriate to award him the decoration for the period 15 June
1966 through 16 June 1969.

2.  The evidence also shows the applicant is entitled to a Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with
Palm as a result of his service in Vietnam.

3.  There is, however, no evidence he is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, a Presidential
Unit Citation, or a Valorous Unit Award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JH ___  __TO ___  __PM ___  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 Army Good Conduct Medal; and


      b.  by showing he is entitled to a Meritorious Unit Commendation and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
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 Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, a Presidential Unit Citation, or a Valorous Unit Award.




                            ______ James Hise_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002822                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|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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