RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050003293


      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:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 the Air Medal be added to his
DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that the Air Medal was not on his DD
Form 214 and not with his medals.  He found it on a copy of the morning
report for Company A, 2nd Battalion, 18th Infantry Regiment, 1st Infantry
Division, on file at the National Archives.

3.  The applicant submits a copy of his DD Form 214 and a copy of page
fourteen of twenty-two pages of what he describes as a morning report for
Company A, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, on
file at the National Archives, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 24 October 1969.  The application submitted in this case is
dated 26 February 2005 but, was not received for processing until 4 March
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’s military records show that he was inducted into the
Army of the United States on 24 January 1968.  He completed basic combat
training at Fort Leonard Wood, Missouri, and his advanced individual
training at Fort Huachuca, Arizona.  After completing all required
training, he was awarded the military occupational specialty (MOS), 36K
(Field Wireman).

4.  The applicant was awarded the MOS 11B (Light Weapons Infantryman), as a
secondary MOS, on 20 February 1969.
5.  The applicant served in Vietnam from 25 June 1968 through 24 June 1969,
with Company A, 2nd Battalion, 18th Infantry Battalion, 1st Infantry
Division.

6.  The applicant was honorably released from active duty, on 24 October
1969, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Section IX, Early Release to Accept Employment of a Seasonal Nature.  He
was separated in the rank and pay grade of Specialist Four, E-4.  On
the date he was released from active duty, he had completed 1 year, 9
months, and 1 day 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 Purple Heart, with oak leaf cluster; the Army
Commendation Medal; the Vietnam Service Medal, with two bronze service
stars; the Republic of Vietnam Campaign Medal, with '60 Device; the
Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification
Badge, with Rifle and with Automatic Rifle Bars [M-14 Rifle and M-16
Automatic Rifle].  The Air Medal is not shown on the applicant's DD Form
214.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, Enlisted Qualification Record, showing the applicant was awarded the
Air Medal.

9.  There are no orders in the applicant's military personnel records
awarding him the Air Medal.

10.  The copy of page fourteen of twenty-two pages that the applicant
describes as a morning report for Company A, 2nd Battalion, 18th Infantry
Regiment, a copy of which is on file in his personnel records is not a
morning report but what appears to be a privately compiled listing of
entries and events from a variety of records by the applicant himself about
his military service.  At the bottom of each page is the record's
identification, "LJBMLTSV.WPS"

11.  On 9 December 2004, the applicant contacted his Member of Congress
(MOC) and asked for his assistance in getting his medals.  The MOC
coordinated his constituent's request with the National Personnel Records
Center and, after appropriate research, the National Personnel Records
Center responded to the MOC, on 27 December 2004, that the applicant was
entitled to award of the Purple Heart, with one bronze oak leaf cluster;
the Army Commendation Medal;
the National Defense Service Medal; the Vietnam Service Medal, with two
bronze service stars; the Combat Infantryman Badge; the Republic of Vietnam
Campaign Medal, with '60 Device; and the Sharpshooter Marksmanship
Qualification Badge, with Automatic Rifle and Rifle Bar.  The applicant's
entitlement to the Air Medal was not established.

12.  On 18 November 2005, a request for a search of the Awards and
Decorations Computer Assisted Retrieval System (ADCARS) Data Base
maintained by the Awards Branch, Human Resources Command, was made for
any information relating to award of the Air Medal to the applicant.
This search resulted in the retrieval of only the Army Commendation
Medal.  No other awards were found.

13.  The applicant served in Vietnam for the period 25 June 1968 through
24 June 1969.  The applicant's DD Form 214 shows entitlement to the Vietnam
Service Medal; however, it does not show the correct number of bronze
service stars to which the applicant is entitled for his campaign
participation.

14.  While in Vietnam, the applicant participated in the following five
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969; and the Vietnam
Summer-Fall 1969, which extended from 9 June through 31 October 1969.

15.  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 unit the
applicant was assigned to, Company A, 2nd Battalion, 18th Infantry
Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 12 July 1965 through 16 October 1968, by
Department of the Army General Order (DAGO) Number 21, dated 1969; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the period 12 July 1965 through 7 April 1970, by DAGO 53, dated 1970.

16.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.
There is no evidence of any breach of good order or discipline in his
service personnel record that would preclude award of the Good Conduct
Medal.

17.  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.

18.  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.  This
regulation also provides, in pertinent part, that a silver service star is
authorized in lieu of five bronze service stars.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  The copy of what the applicant identified to be page fourteen of twenty-
two pages from the morning report for Company A, 2nd Battalion, 18th
Infantry Regiment, appears to be a self-compiled listing of actions and
events that the applicant experienced during his military service.  At the
bottom of each page is the record's identification, "LJBMLTSV.WPS."

2.  The applicant asked for assistance from his MOC and after the staff of
the National Personnel Records Center reviewed those records that are at
their disposal, an entitlement to the Air Medal was not established.  The
applicant was advised, through his MOC, that he would be provided those
medals that he was entitled to.

3.  A staff member of the Awards Branch, Human Resources Command conducted
a search of the ADCARS Data Base.  This search failed to reveal that the
applicant had been awarded the Air Medal.  Another award, which was already
shown on the applicant's DD Form 214, was identified during this search.

4.  Based on the available evidence, the applicant is not entitled to have
the Air Medal added to his DD Form 214.

5.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was recommended for award of the Army
Commendation Medal; the Purple Heart, with oak leaf cluster, for wounds he
received in action against an armed enemy; and the Combat Infantryman
Badge.  The applicant was not awarded the Good Conduct Medal, it appears,
more as a result of administrative oversight rather than something that the
applicant did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 24 January 1968
through 24 October 1969.

6.  The applicant served in five campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with one
silver service star, as opposed to the Vietnam Service Medal, with two
bronze service stars, which is currently shown on his DD Form 214.

7.  The applicant served in a unit, which was awarded 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
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his
DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RJF ___  _WDP___  _TMR___  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, with two bronze service
stars, from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
service star, and adding this award to the applicant's DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period
24 January 1968 through 24 October 1969 and, adding this award to the
applicant's DD Form 214; and

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and adding these unit awards to his 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 Air Medal to the applicant and its addition to his DD Form
214.




                                  __   William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003293                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/05                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  64                  |107.0018                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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