RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050003909


      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. Stacy R. Abrams               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 the Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation,
the Presidential Unit Citation, the Valorous Unit Award, and the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to
his DD Form 214 (Armed Forces of the United States Repot of Transfer or
Discharge).

2.  The applicant states, in effect, that his awards were not correctly
annotated upon his departure from the Republic of Vietnam and separation
from service.

3.  The applicant provides a copy of his DD Form 214, a memorandum of
record from the National Personnel Records Center, dated 18 February 2005,
and a copy of DA Form 20 (Enlisted Qualification Record).

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 the Army.  The
application submitted in this case is dated 8 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 service personnel records show he enlisted in the Army
on
23 March 1966 for a period of 3 years.  He successfully completed basic
training and advanced individual training and was initially awarded the
military occupational specialty 71A (Clerk).  He was later awarded the
military occupational specialty 76Y (Unit and Organization Supply
Specialist) on
1 July 1967.

4.  The applicant's DA Form 20 shows in item 31 (Foreign Service) that he
served in the Republic of Vietnam from 23 October 1966 through
22 October 1967.


5.  The applicant's DD Form 214 shows that he was awarded the National
Defense Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam
Campaign Medal with device 1960, and the Sharpshooter Badge (Rifle M14).

6.  The DD Form 214 does not show award of the Good Conduct Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Meritorious Unit Commendation.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  Army Regulation 600-8-22 provides 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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 184th Ordnance Battalion, the unit was cited
for the award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 8,
dated 1974.

10.  Department of the Army Pamphlet 672-3 lists the unit awards received
by units serving in Vietnam.  This document also shows that, at the time of
the applicant’s assignment to the 184th Ordnance Battalion, the unit was
cited for award of the Meritorious Unit Commendation by Headquarters,
Department of the Army, General Orders Number 31, dated 1969.

11.  Department of the Army Pamphlet 672-3 does not show that at the time
of the applicant’s assignment to the 184th Ordnance Battalion, that the
unit was cited for the Presidential Unit Citation, the Valorous Unit Award
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

12.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam; however, his records do not show award of bronze service stars to
recognize campaign participation.  Appendix B of Army Regulation 600-8-22
shows that the applicant participated in the Vietnam Counteroffensive Phase
II, Vietnam Counteroffensive Phase III, and the TET Counteroffensive.
However, the DD Form 214 only shows the Vietnam Service Medal with two
bronze stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation,
the Presidential Unit Citation, the Valorous Unit Award, and the Republic
of Vietnam Civil Actions Honor First Class Unit Citation should be added to
his DD Form 214.

2.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 23 March 1966 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.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Meritorious Unit Commendation.
Therefore, it would be appropriate to correct his records to show these
unit awards.

4.  Evidence of record further shows that based on his service in Vietnam
the applicant participated in three campaigns.  As a result, he is entitled
to three bronze service stars to be worn on his Vietnam Service Medal, and
correction of his records to show the Vietnam Service Medal with three
bronze service stars.

5.  The applicant's service records show that the applicant served in the
Republic of Vietnam from 23 October 1966 through 22 October 1967.  Military
regulations show that the applicant's unit was not entitled the
Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor
First Class Medal Unit Citation or the Valorous Unit Award.  Therefore,
there is insufficient basis to correct the applicant's records to show
these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1969, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 20 March 1972.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the evidence in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__DJ____  _JS____  __MJF___  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 to show the first award of
the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Meritorious Unit Commendation and the Vietnam Service
Medal with three bronze service stars.

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 Presidential Unit Citation, the Valorous Unit Award, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                                     _John N. Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003909                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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