RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050004683


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John 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, in effect, that the Bronze Star 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 from July to November 1970 he was
assigned to Company C, 4th Battalion, 23rd Infantry, 25th Infantry
Division.  At that time, he was awarded the Bronze Star Medal; however,
this commendation is not recorded on his DD Form 214.  Although he received
the Bronze Star Medal for serving his country on the battlefield in Cu Chi,
Vietnam, in 1970, this commendation was neglected to be documented on his
DD Form 214.

3.  The applicant submitted a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 27 July 1971.  The application submitted in
this case is dated 17 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 was inducted into the Army of
the United States on 27 August 1969.  He completed basic combat training at
Fort Dix, New Jersey, and his advanced individual training at Fort Lewis,
Washington. After completing all required training, he was awarded the
military occupational specialty (MOS), 11C (Infantry Indirect Fire
Crewman).

4.  The applicant was selected for and was enrolled in  the  Noncommissioned
Officer Candidate School on 23 January 1970.  He was promoted to corporal,
E-4, on 26 January 1970 and to sergeant, E-5, on 21 April 1970.

5.  The applicant served in Vietnam from 27 July 1970 through 26 July 1971,
with Company C, 4th Battalion, 23rd Infantry Regiment, 25th Infantry
Division.

6.  The applicant was honorably released from active duty, on 27 July 1971,
under the provisions of Army Regulation (AR) 635-200, Chapter 5, Section
VII, early release of overseas returnee.  He was separated in the rank and
pay grade of sergeant, E5.  On the date he was released from active duty,
he had completed 1 year, 11 months, and 1 day active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Army Commendation Medal; the National Defense
Service Medal; the Vietnam Service Medal; the Expert Marksmanship
Qualification Badge, with Rifle Bar (M-14 Rifle); and the Sharpshooter
Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle).
The Bronze Star Medal is not shown.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, Enlisted Qualification Record, showing the applicant was awarded the
Bronze Star Medal.

9.  There are no orders in the applicant's military personnel records
awarding him the Bronze Star Medal.

10.  The applicant requested correction of his record to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under section 1130 and, as
a result, it will not be discussed further in this Record of Proceedings.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

12.  The applicant's DD Form 214 shows his entitlement to the Vietnam
Service Medal; however, it does not show the bronze service stars to which
he is entitled to denote his campaign participation credit.
13.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971; and the Consolidation I, which extended
from 1 July through 30 November 1971.

14.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the 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.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character)
and efficiency ratings must be recorded as "Excellent" except that ratings
of "Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

15.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

17.  The applicant's unit, a subordinate unit of the US Army, Vietnam
(USARV), is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.
18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 27
August 1969 through 27 July 1971.

2.  The applicant served in two campaigns while he served in Vietnam.  The
applicant was awarded the Vietnam Service Medal; however, he is entitled to
award of the Vietnam Service Medal, with two bronze service stars.  The
applicant is entitled to a correction to add the two bronze service stars
to his DD Form 214.

3.  The applicant served honorably in Vietnam for over six months and met
the criteria for award of the Republic of Vietnam Campaign Medal.  He is
entitled to a correction to add this award of his DD Form 214.

4.  The applicant served in a unit, at the time it was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to
this unit award and to have it added to his DD Form 214.

BOARD VOTE:

_JS_____  __PM____  __LJO__  GRANT FULL 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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, to correctly denote his campaign participation credit;


      c.  awarding the applicant the Good Conduct Medal for the period
27 August 1969 through 27 July 1971 and adding this award to his DD Form
214;


      d.  awarding the applicant the Republic of Vietnam Campaign Medal,
with '60 Device, and adding this award to his DD Form 214; and


      e.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.





                            _____John Slone______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003154                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   60                 |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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