RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2005
      DOCKET NUMBER:  AR20050004092


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. 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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Bronze Star Medal, the Army Commendation Medal, and the Good Conduct Medal.

2.  The applicant states, in effect, that these awards were earned and not
included on his DD Form 214 when he separated from the Army.

3.  The applicant provides copies of his DD Form 214, and General Orders
announcing award of the Bronze Star Medal and the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 21 October 1958.  The application submitted in this case is
dated 15 December 2004 and was received by the Board 21 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 he enlisted in the Regular Army
on 22 October 1965 and completed training in Military Occupational
Specialty 13A10 (Cannoneer).  He was then assigned to Fort Bragg, North
Carolina, and later to Vietnam where he served from 24 June 1967 to 16 June
1968 with the 181st Military Intelligence Detachment, 1st Brigade, 101st
Airborne Division (Airmobile).  The applicant then returned to Fort Bragg
where he completed his enlistment and was honorably separated from active
duty in pay grade E-5 on 21 October 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; the Republic of Vietnam Campaign
Medal with Device (1960); the Republic of South Vietnam Staff Service
Medal; and the Parachutist Badge.  No other awards or decorations are
listed.
5.  Headquarters, 101st Airborne Division General Orders Number 4093 dated
29 July 1968 announced award of the Bronze Star Medal to the applicant for
meritorious service during the period 24 June 1967 to 23 June 1968.

6.  Headquarters, 101st Airborne Division General Orders Number 4767 dated
15 August 1968 announced award of the Army Commendation Medal to the
applicant for meritorious achievement during the period 20 December 1967 to
1 February 1968.

7.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence that the
applicant was disqualified by his unit commander for award of the Good
Conduct Medal.  Records show the applicant’s conduct and efficiency were
rated as “excellent” throughout his first period of qualifying service and
there is no indication of indiscipline in his service personnel records.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
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.

9.  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 the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period February 1968 to 2 May
1970 by Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

11. Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase III; Tet
Counteroffensive; and Vietnam Counteroffensive Phase IV.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant is entitled to the Bronze Star Medal.
 Therefore, he is entitled to correction of his records to show this
decoration.

2.  General Orders show the applicant is entitled to the Army Commendation
Medal.  Therefore, he is entitled to correction of his records to show this
decoration.

3.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 22 October 1965 to 21
October 1968.  Therefore, he is entitled to correction of his records to
show this award.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

6.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in three campaigns.  As a result, he is entitled to
award of three bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

BOARD VOTE:

___jns___  ____phm_  ____ljo__  GRANT 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 showing award of:

      a. the Bronze Star Medal for Meritorious Service during the period 24
June 1967 to 23 June 1968;

      b. the Army Commendation Medal for Meritorious Achievement during the
period 20 December 1967 to 1 February 1968;

      c. the first award of the Good Conduct Medal, for the period 22
October 1965 to 21 October 1968;

      d. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;

      e. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and

      f. three bronze service stars, to be affixed to the Vietnam Service
Medal.




            _________John N. Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004092                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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