RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050004479


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 Valorous Unit Award,
the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, Marksman Qualification Badge with Rifle, Presidential
Unit Citation, and two or three bronze service stars to be worn on his
Vietnam Service Medal, be added to his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that all of his awards and badges were
not annotated on his DD Form 214 upon his separation from the Army, and
would now like to have them added.

3.  The applicant provides a copy of a letter from the National Personnel
Records Center; dated 18 March 2005, a copy of his DD Form 214, and a copy
of his
DD Form 20 [Enlisted Qualification Record].

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 September 1968, the date of his separation from active duty.
 The application submitted in this case is dated 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 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 records show that he was inducted in the Army on
25 October 1966.  He completed basic training and advanced individual
training and was awarded military occupational specialty 12B (combat
engineer).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) Item 31
[Foreign Service] shows he served in the Republic of Vietnam (RVN) from
21 September 1967 through 20 September 1968 and was assigned to 87th
Engineer Company, 199th Infantry Brigade.

5.  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.

6.  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 87th Engineer Company, 199th Infantry Brigade the
unit was cited for award of the Valorous Unit Award by Headquarters
Department of the Army General Orders Number 48, dated 1968.

7.  Department of the Army Pamphlet 672-3 lists the unit awards received by
units serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to 87th Engineer Company, 199th Infantry Brigade the
unit was cited for award of Meritorious Unit Commendation by Headquarters
Department of the Army General Orders Number 72 dated 1968.

8.  Department of the Army Pamphlet 672-3 lists the unit awards received by
units serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to 87th Engineer Company, 199th Infantry Brigade the
unit was cited for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters Department of the Army General Orders
Number 43 dated 1970.

9.  Department of the Army Pamphlet 672-3 lists the unit awards received by
units serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to 87th Engineer Company, 199th Infantry Brigade the
unit was cited for award of Republic of Vietnam Civil Actions Honor Medal
with First Class Unit Citation by Headquarters Department of the Army
General Orders Number 51, dated 1971.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  This document shows that the applicant
participated in the Vietnam Counteroffensive Phase III, Tet
Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam
Counteroffensive Phase V, a total of four campaigns.


11.  The applicant’s service personnel records contain orders from,
Headquarters United States Training Center, Infantry [Fort Benning,
Georgia], Special Orders Number 289, dated 7 December 1966, which awarded
him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  The applicant’s service personnel records contain orders from
Headquarters, 91st Engineer Battalion [Fort Belvoir, Virginia], Special
Orders Number 87, dated 1 June 1967, which awarded him the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Department of the Army Pamphlet 672-3 does not show that at the time
of the applicant’s assignment to the 87th Engineer Company, 199th Infantry
Brigade, that the unit was cited for the Presidential Unit Citation.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Good Conduct Medal, the Valorous Unit
Award, the Meritorious Unit Commendation, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, two or three bronze service stars to be
worn on his Vietnam Service Medal, Marksmanship Qualification Badge with
Rifle, and Presidential Unit Citation should be added to his DD Form 214.

2.  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 the applicant the first award of the Army
Good Conduct Medal, for his qualifying period of honorable active duty
service from 25 October 1966 through 19 September 1968.


3.  General Orders awarded the applicant the Valorous Unit Award,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.  Therefore, it would be appropriate to correct his
records to show these awards.

4.  Evidence of record further shows that based on his service in Vietnam
the applicant participated in four campaigns.  As a result, he is entitled
to four 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.  Special Orders show the applicant was awarded the Expert Shooter
Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it
would
be appropriate to correct his record to show this badge.

6.  Special Orders show the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it
would
be appropriate to correct his record to show this badge.

7.  Department of the Army Pamphlet 672-3 does not show that at the time of
the applicant’s assignment [21 September 1967 through 20 September 1968] to
the 87th Engineer Company, 199th Infantry Brigade, that the unit was cited
for the Presidential Unit Citation.  Therefore, there is insufficient basis
for awarding of this award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
18 September 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, the evidence presented is sufficient to waive the
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MHM_  __JTM__  __JBG __  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. awarding him the first award of the Army Good Conduct Medal,
for
his qualifying honorable active duty service from 25 October 1966 through
19 September 1968.

            b.  showing that based on his RVN service and campaign
participation, he is entitled to the Valorous Unit Award, Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and four bronze service stars to be worn on his Vietnam Service Medal; and

            c.  showing he was awarded the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16).

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.




                            ____Melvin H. Meyer___
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004479                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-08-16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/09/19                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 5                               |
|BOARD DECISION          |GRANT (Partial)                         |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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