RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2006
      DOCKET NUMBER:  AR20050006208


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 record be corrected to show
his primary duty was truck driver; and by adding all awards to which he is
entitled to on his separation document (DD Form 214).

2.  The applicant states, in effect, although he was listed as a supply
clerk, in reality, he drove a truck while he was serving in the Republic of
Vietnam (RVN).  He claims that after completing basic training he completed
on-the-job training in a unit, which is where he first received a driver’s
license for all types and sizes of vehicles, but there appears to be no
record of this.  He states that his primary military occupational specialty
(MOS) was driving trucks, but there are no records confirming this.  He
further states that all his awards and decorations are not listed in his DD
Form 214.  He claims he is entitled to the RVN Gallantry Cross with Palm
Unit Citation, and that after receiving a letter of commendation at
Fort Benning, Georgia, he was told he would be put in for the Army
Commendation Medal (ARCOM).

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Authorization for Issuance of Awards
(DA Form 1577); Report of Medical History (SF 89); and 5 Third-Party
Statements.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 February 1969, the date of his separation.  The
application submitted in this case is dated 11 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.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 18 February 1966.  He completed advanced individual
training (AIT) at Fort Benning, Georgia and was awarded MOS 76A (Supply
Clerk) on
30 September 1966.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 38 (Record of Assignments), that the applicant served in MOS 76A as a
supply clerk at Fort Benning, Georgia until 15 May 1967, at which time he
departed for the RVN.  He arrived in the RVN on 20 June 1967, and was
assigned to the
75th Supply Company in a 76P (Stock Control and Accounting Specialist)
position.

5.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form
20 shows that he was awarded MOS 76P on 13 July 1967.  Item 38 confirms he
continued to serve in a 76P position with the 75th Supply Company, RVN
until his departure from the RVN on 17 June 1968.  On 7 August 1968, he was
assigned to a 76P position in Company A, 501st Services Battalion, Fort
Hood, Texas, where he served until his release from active duty (REFRAD).
The applicant last audited his DA Form 20 on 15 June 1968.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, Expert
Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Qualification
Badge with Rifle (M-14) Bar.

7.  Item 38 of the applicant’s DA Form 20 shows that he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the Army Good Conduct Medal (AGCM).

8.  The applicant’s MPRJ is void of a recommendation for the ARCOM, or of
any orders awarding him an ARCOM.  There are also no other individual award
recommendations or orders on file in his MPRJ.

9.  On 17 February 1969, the applicant was honorably REFRAD after
completing a total of 3 years of active military service.  The DD Form 214
he was issued confirms he held the rank of specialist four (SP4) and that
he held the MOS 76P20 (Stock Control and Accounting Specialist).  It
further shows that he earned the following awards during his active duty
tenure:  NDSM; VSM with 2 bronze service stars; RVN Campaign Medal; Expert
Qualification Badge with Rifle
(M-16) Bar; and Sharpshooter Qualification Badge with Rifle (M-14) Bar.
The applicant authenticated this document with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

10.  The applicant provides five supporting statements from individuals who
indicate they served with him in the RVN.  All these individuals claim the
applicant performed truck driver duties while in the RVN.  He also provides
a
SF 89, dated 8 November 1968, which contains the entry Truck Driver in
Item 25 (What is your usual occupation?).

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the VSM.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member
participated in while serving in the RVN.

12.  Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, campaign
credit was granted for the Vietnam Counteroffensive Phase III, TET
Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  The
normal qualifying period is 3 years.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

14.  Department of the Army General Orders Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time contained the guidance on Item
23a entries in paragraph 52.  It stated, in effect, that the MOS code
number and titled contained on the DA Form 20 would be entered in Item 23a
of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he performed the primary duty of truck
driver while serving in the RVN and the supporting statements and evidence
he submitted were carefully considered.  However, by regulation the
required MOS entry in Item 23a of the DD Form 214 was the MOS documented in
the DA Form 20.

2.  The applicant’s DA Form 20 confirms he was trained in and awarded MOS
76P, and that he was assigned to positions authorized that MOS throughout
his active duty tenure, to include the period he served in the RVN.  The
applicant last audited his DA Form 20 on 18 July 1968, upon his departure
from the RVN.  In effect, this was his verification that the information
contained in this record, to include the MOS entries and assignment
history, was correct at that time.  The veracity of his claim that he drove
trucks while he served in the RVN and of the third-party statements
attesting to this fact is not in question.  However, the fact that he drove
trucks is not sufficiently mitigating to support a change to his MOS at
this late date.

3.  The applicant’s claim that all the awards to which he was entitled are
not contained on his DD Form 214 was also carefully considered and found to
have merit.  His 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 him the AGCM, for his qualifying period of honorable active duty
service from 18 February 1966 through 17 February 1969.

4.  The record also confirms that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm Unit
Citation and 3 bronze service stars with his VSM.  Therefore, it would also
be appropriate to add these awards to his record at this time.  However,
there are no orders or documents on file in the applicant’s MPRJ that show
he was ever recommended for, or awarded the ARCOM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  __WFC __  __GJP__  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 Army
Good Conduct Medal for his qualifying honorable active duty service from 18
February 1966 through
17 February 1969; by showing that he is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation; and 3 bronze service stars with
his Vietnam Service Medal; and by providing him a correction to his
separation document that includes these awards.

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
a change of his military occupational specialty or award of the Army
Commendation Medal.




            ____John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006208                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/02/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0500                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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