RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 November 2005
      DOCKET NUMBER:  AR20050003741


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his separation document (DD Form
214) be corrected by adding the Army Good Conduct Medal (AGCM), Vietnam
Service Medal (VSM) with 2 or 3 bronze service stars, Republic of Vietnam
(RVN) Gallantry Cross with Palm Unit Citation, RVN Campaign Medal (VCM),
Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and
the Valorous Unit Award (VUA) to the list of awards contained in Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).

2.  The applicant states, in effect, that based on his active duty and RVN
service, he is entitled to the awards in question.  He believes a review of
the archival records for his RVN unit (504th Military Police Battalion)
will show his entitlement to the unit awards listed.

3.  The applicant provides the following documents in support of his
application: National Personnel Records Center (NPRC) Letter, dated 23
February 2005; DD Form 214; Enlisted Qualification Record (DA Form 20); and
Headquarters United States Army Infantry Training Center, Fort Benning,
Georgia Special Orders Number 220, dated 16 September 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 July 1968.  The application submitted in this case is
dated
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 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.  The applicant’s record shows he was inducted into the Army and entered
active duty on 2 July 1966.  He was trained in, awarded, and served in
military occupational specialty (MOS) 95B (Military Police), and the
highest rank he attained while serving on active duty was specialist (SPC).
4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 14 February 1967 through 18 November 1967.  During
his RVN tour, he was assigned to Company C, 504th Military Police
Battalion, performing duties in MOS 95B as a Military Policeman.  After
being wounded in action, the applicant was medically evacuated from the RVN
to Camp Zama, Japan on
19 November 1967.

5.  Item 38 of the applicant’s DA Form 20 shows that he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification from any of the applicant's active duty commanders that
would have precluded him from receiving the AGCM.

6.  On 19 July 1968, the applicant was honorably separated after completing
a total of 1 year, 11 months, and 17 days of active military service.  The
DD Form 214 he was issued at that time shows he earned the following
awards:  Purple Heart; National Defense Service Medal (NDSM); VSM; VCM with
60 Device; Sharpshooter Qualification Badge with Rifle Bar; and 2 Overseas
Bars.  The separation document also lists the applicant’s participation in
the Vietnam Counteroffensive Phase II campaign.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member is credited with participating in while serving in the
RVN.

8.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

9.  Paragraph 9-19 of the awards regulation contains guidance on the RVN
Campaign Medal.  It states, in pertinent part, that it is awarded to
personnel who served in the RVN for at least six months between 1 March
1961 and 28 March 1973.
10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that during the applicant’s tenure of
assignment in the RVN, his unit (Company C, 504th Military Police
Battalion) was awarded the RVN Gallantry Cross with Palm Unit Citation and
the MUC.  This source publication further shows that he was credited with
participating in the following three campaigns:  Vietnam Counteroffensive
Phase II; Vietnam Counteroffensive Phase III; and TET Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information or a specific disqualification
by any of the active duty unit commanders for whom he served.  As a result,
it would be appropriate to award him the first award of the AGCM, for his
qualifying period of honorable active duty service from 22 July 1966
through 19 July 1968.

2.  By regulation the Vietnam Campaign Medal is awarded to individuals who
have served in Vietnam for at least six months between 1 March 1961 and
28 March 1973.  The evidence of record confirms the applicant served in the
RVN for more than 9 months from 14 February through 18 November 1967.  As a
result, he was awarded the RVN Campaign Medal with 60 Device, and this
award is listed in Item 24 of his separation document.  Therefore, no
further relief is required on this issue.

3.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation, MUC, and 3 bronze service stars with his VSM.  Thus, it
would also be appropriate to add these awards to his record at this time.

4.  The applicant’s unit was not awarded the PUC or VUA during the
applicant’s tenure of assignment in the RVN.  Therefore, it would not be
appropriate to add these awards to his record at this time.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LE___  __JED__  ___JRM _  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 first
award of the Army Good Conduct Medal, for his qualifying honorable active
duty service from 22 July 1966 through 19 July 1968; by showing that based
on his RVN service and campaign participation, he is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious
Unit Commendation, and 3 bronze service stars with his Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these changes.

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 Valorous Unit Award and Presidential Unit Citation.




                            _____Lester Echols________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2005 0003741                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/07/19                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT-Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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