RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          6 December 2005
      DOCKET NUMBER:  AR20050003483


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 he be awarded the Vietnam Service Medal
VSM) and the Republic of Vietnam Campaign Medal (RVNCM).

2.  The applicant states that he served in combat in Vietnam and should
have received those awards.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 January 1966.  The application submitted in this case is
dated 25 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.  He was inducted at Fort Buchanan, Puerto Rico, on 9 January 1964.  He
underwent his basic combat training at Fort Jackson, South Carolina, and
his advanced individual training (AIT) at Fort Eustis, Virginia.

4.  Upon completion of his AIT he remained at Fort Eustis and was assigned
to the 117th Transportation Company when he was transferred to Vietnam with
his unit on 27 August 1965, for duty as a supply handler.

5.  He departed Vietnam on 14 December 1965 and was transferred through
Oakland Army Base, California to Fort Buchanan, where he was honorably
released from active duty (REFRAD) on 3 January 1966 due to early
separation of an overseas returnee.  He had served 1 year, 11 months and 25
days of total active service of which 3 months and 26 days were spent in
Vietnam.  He was awarded the Armed Forces Expeditionary Medal (AFEM) for
his service in Vietnam.

6.  A review of the applicant’s records shows that he had excellent conduct
and efficiency ratings throughout his service and his record is void of any
derogatory information or disciplinary action that would serve to
disqualify him for award of the Army Good Conduct Medal (GCMDL).

7.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  Paragraph 2-13d specifically provides that
individuals qualified for the Armed Forces Expeditionary Medal for service
in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain
qualified for that medal.  Upon request, a unit personnel officer may award
the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal,
but the regulation requires that the Armed Forces Expeditionary Medal be
removed from the records of the individual.  No person will be entitled to
both awards for Vietnam Service.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

10.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the National Defense Service Medal is awarded for honorable active service
for any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC)
during the period he was assigned to the unit.  Additionally, he
participated in one campaign while assigned to Vietnam and is entitled to
be awarded one bronze service star to denote his campaign participation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AFEM for his service in Vietnam and
therefore is not entitled to be awarded the VSM.

2.  The applicable regulation requires, in the applicant’s case, that he
serve 6 months in Vietnam in order to be entitled to award of the RVNCM.
Inasmuch as he served less than 4 months prior to his departure, he is not
entitled to be awarded the RVNCM.

3.  However, after carefully examining the applicant’s record of service,
the Board has determined that the applicant should have received the GCMDL
for his service from 9 January 1964 through 3 January 1966.  This
conclusion is based on the fact that the record is void of any derogatory
information, which would preclude the applicant from being awarded the
GCMDL, and the lack of any specific action by the applicant’s unit
commander to disqualify him from receiving the award.

4.  Additionally, the evidence of record establishes that the applicant is
entitled to awards of the RVNGC w/Palm Unit Citation, the MUC, the NDSM and
one bronze service star to denote his campaign participation.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__bpi___  __dws___  __eem___  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 awarding him the GCMDL
for the period of 9 January 1964 to 3 January 1966, the RVNGC w/Palm Unit
Citation, the MUC, the NDSM and one bronze service star to denote his
campaign participation.

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 VSM and RVNCM.



                 Bernard P. Ingold
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003483                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |119/VSM                                 |
|1.107.0073              |                                        |
|2.107.0088              |134/RVNCM                               |
|3.107.0056              |102/GCMDL                               |
|4.107.0034              |80/MUC                                  |
|5.107.0094              |140/RVNGC                               |
|6.                      |                                        |


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