RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050004821


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 award of the Air Medal and Combat Medical Badge.

2.  The applicant states, in effect, that he earned and was awarded the Air
Medal and Combat Medical Badge in Vietnam.  However, he was not credited
with the awards on his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) and would like his discharge document
corrected.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 August 1969, the date of his release from active duty.  The
application submitted in this case is dated16 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 military service record shows that he was inducted into
the U.S. Army on 6 October 1967.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 91B (Medical Specialist).

4.  The applicant's military service record shows that he was assigned to
Headquarters and Headquarters Company, 4th Battalion, 9th Infantry,
25th Infantry Division in Vietnam, from 15 September 1968 through 21 August
1969.  He was honorably separated from the U.S. Army on 27 August 1969
after serving on active duty for a total of 1 year, 10 months, and 22 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the Bronze
Star Medal, National Defense Service Medal, Vietnam Service Medal, and
Vietnam Campaign Medal.
6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 39
(Campaigns), shows that he participated in the Vietnam Counteroffensive
Phase V campaign.  Item 41 (Awards and Decorations) of this document shows
that he was awarded the National Defense Service Medal, Vietnam Service
Medal, Combat Medical Badge, Bronze Star Medal, Expert Marksmanship
Qualification Badge with Rifle Bar, and two (2) Overseas Service Bars.

7.  The applicant provides no documentary evidence in support of his
application.

8.  The applicant's military service records do not contain any orders or
evidence that he was awarded the Air Medal.  Therefore, the applicant's
request for award of the Air Medal is governed by Title 10, United States
Code, Section 1130.  Since the applicant has not exhausted his
administrative remedy, the ABCMR cannot take any further action at this
time on his request for award of the Air Medal.  However, the applicant has
been advised by separate correspondence of the procedures for requesting
award of the Air Medal under the provisions of Section 1130.  As a result,
the request for award of the Air Medal is not discussed further in this
Record of Proceedings.

9.  The applicant's military service records contain a copy of
Headquarters,
25th Infantry Division (Vietnam), Special Orders Number 73, dated 14 March
1969, which shows that he was awarded the Combat Medical Badge.

10.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  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.

12.  The applicant's record contains a copy of Headquarters, 4th Battalion,
39th Artillery, Fort Bragg, North Carolina, Special Orders Number 85, dated
4 June 1968, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following four campaigns:  the Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam
Summer-Fall 1969 campaigns.
14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to Headquarters and Headquarters Company, 4th Battalion,
9th Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 5 (1973).  This document also shows that, at the time of the
applicant's assignment, the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 51 (1971).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy and the Soldier must have been personally present and under fire
during such ground combat.

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

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

20.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Medical Badge based on his military occupation and service in Vietnam.

2.  Special Orders awarded the applicant the Combat Medical Badge for his
service in Vietnam.  Therefore, he is entitled to correction of his records
to show award of this badge.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 6 October 1967 through 27 August 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.

4.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

5.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four (4) bronze service stars to be affixed to his Vietnam Service Medal.
6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

8.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two (2) Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 August 1972.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Combat Medical Badge and Good Conduct Medal.

BOARD VOTE:

__LDS __  __REB __  __RMN__  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.  awarding the applicant the Good Conduct Medal for the period
6 October 1967 through 27 August 1969;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      c.  correcting his DD Form 214 to add the Combat Medical Badge, Good
Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar,
Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and 2 Overseas Service Bars.




                            ____LINDA D. SIMMONS____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004821                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690827                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0113.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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