RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050003387


      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. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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, award of the Bronze Star Medal and
awards he has not received for his service while on active duty.

2.  The applicant states, in effect, that the National Personnel Records
Center advised him to contact the Army Board for Correction of Military
Records concerning the additional awards that he believes he is entitled
to.

3.  The applicant provides a self-authored statement and copies of two
National Personnel Record Center, St. Louis, Missouri memoranda, dated 12
April 2004 and 17 February 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 March 1969, the date of his separation from active duty.
The application submitted in this case is dated 23 February 2005.

2.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

3.  The applicant requests award of two Bronze Star Medals.  However, there
are no orders or award certificates on file in his Official Military
Personnel File (OMPF) that confirm his entitlement to the awards.  In the
absence of authority for the awards, the applicant may request award of the
Bronze Star Medals under the provisions of 10 USC 1130.  The applicant has
been notified by separate correspondence of the procedures for applying for
the awards under
10 USC 1130.  As a result, these two awards will not be discussed further
in this Record of Proceedings.



4.  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.

5.  The applicant's military service record shows that he was inducted into
the U.S. Army on 22 March 1967.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

6.  The applicant's military service record shows that he was assigned to
Company B, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division in
Vietnam, from 2 September 1967 through 13 August 1968.  He was honorably
separated from the U.S. Army on 21 March 1969 after serving on active duty
for a total of 2 years.

7.  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, Vietnam Campaign Medal, Vietnam Service Medal,
Combat Infantryman Badge, Purple Heart, Sharpshooter Marksmanship
Qualification Badge with (M-14) Rifle and (M-60) Machinegun Bars, and
Marksman Marksmanship Qualification Badge with (M-16) Auto Rifle Bar.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 22
August 1967 through 21 August 1968.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase III and
TET Counteroffensive campaigns.

9.  The applicant provides a self-authored statement and correspondence
from the National Personnel Records Center in support of his application
concerning his request for additional awards he may be entitled to.

10.  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.

11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  He received conduct and efficiency ratings of
“excellent” throughout his service and there is no evidence the applicant
was disqualified by his chain of command from receiving the Good Conduct
Medal.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam
Counteroffensive Phase V; a total of four campaigns.

13.  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 that, at the time of the
applicant's assignment to Company B, 2nd Battalion, 22 Infantry Regiment,
25th Infantry Division (Vietnam), the unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department
of the Army, General Orders Number 48 (1971).  This document also shows
that, at the time of the applicant's assignment, the unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Headquarters, Department of the Army, General Orders Number 51
(1971).

14.  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.

15.  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.



16.  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.

17.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

18.  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 additional
awards for his service in the U.S. Army that are not shown on his discharge
document.  However, the applicant provides no evidence to support his
assertion.

2.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 March 1967 through 21 March 1969 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.

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





4.  As a matter of information and clarification regarding the applicant's
request, the bronze service star is an appurtenance worn on campaign and
service ribbons to denote an additional award.  The bronze service star is
sometimes confused with the Bronze Star Medal, which is an individual
decoration that is awarded in time of war for heroism, meritorious
achievement, or meritorious service and is announced in orders.

5.  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.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

7.  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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 March 1972.  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:

___JS___  __PHM__  __LJO___  GRANT FULL 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:

      a.  awarding the applicant the Good Conduct Medal for the period
22 March 1967 through 21 March 1969;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam
Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and 2 Overseas Service Bars.




                             _____ JOHN SLONE____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003387                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690321                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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