RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050004269


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) be changed to show award
of the Vietnam Cross of Gallantry and Army Good Conduct Medal; correction
of blood type, period of foreign service, number of overseas bars, and
military occupational specialty (MOS).

2.  The applicant states that Army should respect his request and correct
his official record, and that he spent two tours of duty in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a memo from a
police commissioner.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 August 1971, the date of his separation from active duty.
The application submitted in this case is dated.

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 military records show that he entered active duty on
             12 August 1968.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 12C (Bridge Specialist).  He served in Vietnam from 10
March 1969 through     18 October 1970 as a member of E Company, 26th
Engineer Battalion.  He was honorably discharged on 18 August 1971.

4.  The applicant's records contain Headquarters, The Student Brigade,
USAIS, Fort Benning, Georgia Special Orders Number 28 dated 3 February
1969, which awarded him the Airborne MOS Special Qualification Identifier
"P" (Parachutist).


5.  On 6 February1969, the applicant signed a DA Form 428 (Application for
Identification Card) which shows in item 15 (Blood Type) his blood type as
A Negative.

6.  The applicant's DD Form 214 shows in item 22c that he had 7 months, and
   9 days of foreign and/or sea service.

7.  The applicant's DD Form 214 shows in item 24 (Decoration, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the National Defense Service Medal, the
Vietnam Service Medal w/four Bronze Stars, the Vietnam Campaign Medal
w/1960 device, the Parachutist Badge, the Army Commendation Medal, one
Overseas Bar, Expert (M16) and Marksman (M-14) Badges.

8.  The applicant's DD Form 214 shows in item 30 (Remarks) that his Blood
Gp (Group) is A-, his Vietnam Service from 10 March 1969 through 18 October
1970, and 7 days lost time 13 -19 April 1970 for being absent without
leave.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the        DD Form 214 is a synopsis of the soldier’s
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty,
retirement or discharge.

10.  The applicant's military records do not contain orders for the award
of the Good Conduct Medal.

11.  Army Regulation 600-8-22 provides 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.  The regulation states that, after 27 June 1950 to the present
time, the current standard for award of the Army 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 Army Good Conduct Medal, disqualification must be
justified.

12.  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 E Company, 26th Engineer Battalion, it was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal with four bronze service stars.

14.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the
military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he also participated in
the following additional campaign: Vietnam Counteroffensive, Phase VII.

15.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was awarded a special
qualification identifier "P".  Therefore, the applicant is entitled to
correction of his records to show his MOS as 12C2P.

2.  The applicant's records show that he completed 1 year, 7 month and 9
days of foreign and/or sea service which is not shown on his DD Form 214
for the period 12 August 1968 through 18 August 1871.  Therefore, he is
entitled to have his DD Form 214 amended to show he served in Vietnam for 1
year, 7 months, and 9 days of foreign and/or sea service.

3.  There are no orders awarding the applicant the Good Conduct Medal
during his first enlistment.  Although there is no indication the
applicant's chain of command disqualified him from award of the Good
Conduct Medal, his record shows that he was absent without leave, which may
have been used to disqualify the applicant for award of the Good Conduct
Medal.  Therefore, there is insufficient evidence in which to award the
applicant the Good Conduct Medal for service during his first enlistment.

4.  There is no evidence of record and the applicant has not submitted any
evidence to show that his blood type should be A+.  Therefore, there is
insufficient evidence upon which to base the correction of his DD Form 214.

5.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and a silver service star
for wear on his Vietnam Service Medal.  His DD Form 214 should be
corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rjf ____  ___wdp _  ___tmr __  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:

      a.  deleting the 12C20 from 23a of the DD Form 214;


      b.  deleting the Vietnam Service Medal with four bronze stars from the
DD Form 214;

      c.  adding 12C2P in item 23a, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Vietnam Service Medal with a silver service
star to the DD Form 214.

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
the Army Good Conduct Medal and correction of blood type.




                            _____William D. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004269                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |110.0100                                |
|2.                      |110.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]