RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 September 2005
      DOCKET NUMBER:  AR20050002956


      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. 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Good Conduct Medal.

2.  The applicant states, in effect, he was told there were orders
published for the Good Conduct Medal, and he recalls getting a copy of
these orders; however, his DD Form 214 does not show award of the Good
Conduct Medal.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 December 1971.  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 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 was inducted on 29 May 1969 and discharged on 30 January
1969 for immediate enlistment in the Regular Army.  He enlisted in the
Regular Army on 31 January 1969 for a period of 3 years.  He served as
field wireman assigned to Headquarters and Headquarters Battery, 101st
Airborne Division Artillery in Vietnam from 30 April 1969 through 29 April
1970.  He served as a personnel records clerk assigned to the 60th Engineer
Company, 62nd Engineer Battalion in Vietnam from 4 March 1971 through 15
December 1971.  On
15 December 1971, the applicant was released from active duty in the rank
of specialist four after completing 2 years, 10 months, and 15 days of
creditable active service.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Vietnam
Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal as
authorized awards.

5.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records show he received conduct and efficiency ratings of “excellent”
throughout his service.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit (Headquarters
and Headquarters Battery, 101st Airborne Division Artillery) is entitled to
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 43, dated 1970.

7.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (Headquarters and Headquarters Battery, 101st Airborne Division
Artillery) is entitled to award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation based on Department of the Army
General Orders Number 48, dated 1971.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  Since the applicant’s records show he received
conduct and efficiency ratings of “excellent” throughout his service, it
appears he met the eligibility criteria for the first award of the Good
Conduct Medal.  Therefore, the evidence of record is accepted as sufficient
evidence on which to amend the applicant’s DD Form 214 to show award of the
Good Conduct Medal.

2.  The applicant's unit (Headquarters and Headquarters Battery, 101st
Airborne Division Artillery) was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation while he was assigned to it.
3.  Records show the applicant should have discovered the alleged error now
under consideration on 15 December 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 14
December 1974.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

JH_____  TO_____  _PM_____  GRANT 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 amending his DD Form 214 to show that
he was awarded the Good Conduct Medal and to add the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation




            __James Hise__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002956                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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