RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 02 MARCH 2006
      DOCKET NUMBER:         AR20050005128


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Peguine Taylor                |     |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 that a Record of Proceedings under Article 15,
Uniform Code of Military Justice (DA Form 2627-1) be removed from his
Official Military Personnel File (OMPF) and that he be awarded the Good
Conduct Medal.

2.  The applicant states that he was inducted in November 1964 and got
married in December 1964.  While stationed at Fort Belvoir, Virginia, his
wife got sick and he was unable to get leave to go home, so he went home on
a weekend pass and reported back late.  As a result, nonjudicial punishment
(NJP) was imposed against him.  He goes on to state that he served his
country proudly without further incident and believes that the NJP should
be removed from his records and that he should be awarded the Good Conduct
Medal for his service.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 12 October 1966.  The application submitted in this case was
received on 7 April 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.  He was inducted in Ashland, Kentucky on 24 November 1964.  He completed
his basic combat training at Fort Knox, Kentucky, and was transferred to
Fort Belvoir, Virginia, to undergo his advanced individual training (AIT)
as a supply clerk.

4.  On 23 April 1965, NJP was imposed against him for being absent from his
place of duty from 19 April to 22 April 1965.  His punishment consisted of
a forfeiture of $15.00, restriction and extra duty for 14 days.  He did not
appeal his punishment.

5.  He completed his AIT and was transferred to Hawaii on 21 May 1965.  He
was assigned to Headquarters and Headquarters Company, 25th Supply and
Transportation Battalion and was advanced to the pay grade of E-3 on 29
July 1965.

6.  On 18 October 1965, he was transferred to Vietnam with his unit and was
advanced to the pay grade of E-4 on 27 March 1966.  He remained in Vietnam
until 12 October 1966, when he was transferred to Oakland Army Base,
California, where he was honorably released from active duty on 12 October
1966 as an overseas returnee.  He had served 1 year, 10 months, and 19 days
of total active service and was awarded the National Defense Service Medal,
the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign
Medal.

7.  A review of his records shows that the applicant had excellent conduct
and efficiency ratings and his records contain no other derogatory
information that would serve to disqualify him for award of the GCMDL.

8.  Army Regulation 600-8-22 establishes the criteria for award of the Army
Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL
was established by Executive Order 8809, 28 June 1941 and was amended by
Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and
is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  The regulation outlines the criteria for
award of the Good Conduct Medal (GCMDL) and provides, in pertinent part,
that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity
in active Federal military service.  It is awarded on a selective basis to
each Soldier who distinguishes him or herself from among their fellow
Soldiers by their exemplary conduct, efficiency, and fidelity throughout
their service.  There is no right or entitlement to the medal until the
immediate commander has approved the award and the award has been announced
in permanent orders.  Separation transfer points will review records of
enlisted personnel being separated to determine whether they qualify for
award of the GCMDL.  Where possible, a reasonable effort will be made to
contact the unit commander prior to awarding the medal to qualified
members.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Meritorious Unit Commendation (MUC), the Republic of
Vietnam Gallantry Cross w/Palm Unit Citation (RVNGC w/Palm), and the
Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC)
Unit Citation for the period he served with the unit.  The applicant also
served in two campaigns and is thus entitled to be awarded two bronze
service stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The NJP was properly imposed and filed in the applicant’s OMPF in
accordance with the applicable regulations in effect at the time and the
applicant has failed to show through the evidence submitted with his
application or the evidence of record that such was not the case.
Accordingly, there appears to be no basis to alter the official record by
removing it from the OMPF.

2.  However, after carefully examining the applicant’s record of service,
it appears that the applicant should have received the GCMDL for his
service from 24 November 1964 to 12 October 1966.  This conclusion is based
on the fact that the record is void of any derogatory information, which
would preclude the applicant from being awarded the GCMDL, and the lack of
any specific action by the applicant’s unit commander to disqualify him
from receiving the award.

3.  The evidence suggests that the applicant not receiving the GCMDL was
likely the result of an administrative error as opposed to it being the
result of a conscious disqualification by any of the unit commanders for
which he served.  Therefore, in the interest of justice, this error should
be corrected and the applicant should receive the GCMDL at this time.

4.  Additionally, his unit was subsequently awarded the MUC, the RVNGC
w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation for the period he
served with the unit.  Accordingly, he is entitled to those awards and two
bronze service stars for wear on his VSM to denote his campaign
participation.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WP__  ___JP___  ___PT___  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 awarding him the GCMDL
for the period of
24 November 1964 to 12 October 1966, the MUC, the RVNGC w/Palm Unit
Citation, the RVNCAHM-FC Unit Citation, and two bronze service stars for
wear on his already awarded VSM.

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
removal of the record of NJP from his OMPF.




                            ______William Powers________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005128                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060302                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19661010                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII, SPN 411      |
|DISCHARGE REASON        |O/S RETURNEE                            |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |281/REM NJP                             |
|1.126.0400              |                                        |
|2.107.0056              |102/GCMDL                               |
|3.107.0094              |140/RVNGC                               |
|4.107.0095              |141/RVNCAHM                             |
|5.                      |                                        |
|6.                      |                                        |


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