RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 January 2006
      DOCKET NUMBER:  AR20050006739


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea 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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) to show award of the Good Conduct Medal,
the Combat Infantryman Badge, three bronze service stars to be affixed to
the Vietnam Service Medal, the 1960 Device to be affixed to the Vietnam
Campaign Medal, the Meritorious Unit Commendation, a second award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, one individual
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal Second Class,
the Joint Service Commendation Medal, the Combat Action Ribbon, the Navy
Unit Commendation, and the Navy Presidential Unit Citation.

2.  The applicant states, in effect, that he participated in ground combat
in Vietnam and that he participated in three campaigns during his
assignment in Vietnam.  He contends that Department of the Army Pamphlet
672-3 (Unit Citation and Campaign Participation Credit Register), page 96,
shows the 9th Infantry Division was awarded the Meritorious Unit
Commendation for actions during the period 1 September 1967 to 31 October
1968 based on Department of the Army General Orders Number 37, dated 1970.
He also contends that two awards of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and one award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation were awarded to his unit.  He
further states that he received an individual award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and an individual award of
the Republic of Vietnam Civil Actions Honor Medal Second Class.

3.  The applicant contends he is entitled to the Joint Service Commendation
Medal for being involved with the joint exercises of the Army/Navy Mobile
Riverine Force "Vietnam" and that he was a member of the 2nd Brigade, 9th
Infantry Division, 4th Battalion, 47th Infantry Regiment, Company A, Mobile
Riverine Force.  He states that the 9th Infantry Division was chosen as the
Infantry Component of River Assault Flotilla One, Task Force 117, to which
he was assigned, and that he was stationed on the USS BENEWAH, USS
COLLETON, and the USS NUECES during his tour in Vietnam from 28 August 1968
through 16 June 1969.  He further states his tour overseas coincides with
the dates the above ships and the Mobile Riverine Force Task Force 117
received the Combat Action Ribbon, the Navy Presidential Unit Citation, and
the Navy Unit Commendation.

4.  The applicant provides two applications; a copy of his DD Form 214; and
an eyewitness statement.
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
16 July 1969.  The application submitted in this case is dated 22 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 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 was inducted on 9 August 1967.  He arrived in Vietnam on
25 August 1968.  He served as a light weapons infantryman assigned to
Company D, 4th Battalion, 47th Infantry of the 9th Infantry Division in
Vietnam from 3 September 1968 through 14 September 1968.  He was assigned
to Company A, 4th Battalion, 47th Infantry of the 9th Infantry Division in
Vietnam from 15 September 1968 through 14 March 1969.

4.  His Installation Clearance Record shows that his installation was the
Mobile Riverine Force, USS COLLETON, his organization was Company A, 4th
Battalion, 47th Infantry of the 9th Infantry Division, and his new duty
station was Headquarters and Headquarters Company, 2nd Brigade of the 9th
Infantry Division.

5.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade,
9th Infantry Division in Vietnam from 15 March 1969 through 20 May 1969.
He was assigned to Company D, 3rd Battalion, 47th Infantry of the 9th
Infantry Division in Vietnam from 21 May 1969 through 27 June 1969.  He was
assigned to the 9th Adjutant General Administration Company, 9th Infantry
Division in Vietnam from 28 June 1969 through 15 July 1969.

6.  On 16 July 1969, the applicant was released from active duty in the
temporary rank of staff sergeant after completing 1 year, 11 months, and 8
days of creditable active service with no time lost.

7.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and one award
of the Overseas Service Bar as authorized awards.

8.  A DD Form 215 (Correction to DD Form 214), dated 18 April 2005, amended
the applicant's DD Form 214 to show the Vietnam Service Medal with four
bronze service stars, the Combat Infantryman Badge, one award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award
of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, the applicant's request for the Vietnam Service Medal
with three bronze service stars and the Combat Infantryman Badge will not
be discussed further in these Proceedings.

9.  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
show he received conduct and efficiency ratings of “excellent” throughout
his service.

10.  Department of the Army Pamphlet 672-3 lists the unit awards received
by units serving in Vietnam.  This document shows the applicant's units
were not cited for award of the Meritorious Unit Commendation while he was
assigned to them.  Page 96 of this pamphlet shows the United States Army
Special Security Group, Assistant Chief of Staff for Intelligence, 9th
Infantry Division was awarded the Meritorious Unit Commendation for actions
during the period 1 September 1967 to 31 October 1968 based on Department
of the Army General Orders Number 37, dated 1970.

11.  Department of the Army General Orders Number 59, dated 1969, shows the
Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to
the 9th Infantry Division and its assigned and attached units during the
period January to June 1969.

12.  Department of the Army General Orders Number 59, dated 1969, also
shows the Republic of Vietnam Civil Action Honor Medal First Class was
awarded to the 9th Infantry Division and its assigned and attached units
during the period 19 December 1966 to 28 June 1969.  Since this unit award
is shown on the applicant's DD Form 215, this portion of the applicant's
request will not be discussed further in these Proceedings.

13.  There is no evidence in the available records which shows the
applicant was awarded an individual award of the Republic of Vietnam
Gallantry Cross.

14.  There is no evidence in the available records which shows the
applicant was awarded the Republic of Vietnam Civil Actions Medal Second
Class.

15.  There are no orders for the Joint Service Commendation Medal in the
available records.
16.  There are no Department of the Army general orders for the Navy Unit
Commendation or the Navy Presidential Unit Citation in the available
records.

17.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal with Device (1960).  This
medal was awarded by the Government of Vietnam 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.

19.  Army Regulation 600-8-22, in pertinent part, states that effective 1
March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

20.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of
foreign awards and decorations presented to individuals and units.  This
regulation, in pertinent part, governed award of the Republic of Vietnam
Gallantry Cross as a personal decoration.  This decoration is awarded to
personnel who have conducted themselves with heroic action and have
displayed deeds of valor while fighting the enemy.  The more gallant and
noteworthy the act, the higher the level of the award.  This decoration was
awarded in four degrees: with Palm, with Gold Star, with Silver Star and
with Bronze Star.  Approval to accept and to wear a personal award of the
Republic of Vietnam Gallantry Cross required approval by the Commanding
General of United States Army Vietnam.  As with all foreign awards, each
recipient of an approved foreign award was provided a copy of the original
citation from the foreign government, a translation of the citation if
necessary, and a letter authorizing the recipient to receive and wear the
decoration.
21.  Appendix I (Criteria for award of individual Vietnamese awards) of
United States Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) states that the Republic of Vietnam Civil Actions Medal (First
Class and Second Class) are awarded to personnel for outstanding
achievement in civic actions or civil affairs.

22.  The Joint Service Commendation Medal was authorized by the Secretary
of Defense on 25 June 1963.  It is awarded in the name of the Secretary of
Defense to members of the Armed Forces of the United States who, while
assigned to a joint activity after 1 January 1963, distinguished themselves
by meritorious achievement or service.

23.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  Department of Defense Instruction 1348.33
also states that an individual who earned the Combat Infantryman Badge in
the Army may be authorized to wear the Combat Action Ribbon as a member of
the U.S. Navy, the U.S. Marine Corps or the U.S. Coast Guard.

24.  Paragraph 7-3 of Army Regulation 600-8-22 states that all awards
approved by authorized commanders, by the other Service departments and by
foreign governments, and all campaign participation credits announced by
authorized commanders will be confirmed in Department of the Army general
orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the temporary rank of staff sergeant
with almost two years of creditable active service with no time lost.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 9 August 1967 through
16 July 1969 based on completion of a period of qualifying service ending
with the termination of a period of Federal military service.

2.  Since the applicant is requesting that the 1960 Device be affixed to
the Vietnam Campaign Medal, and his DD Form 214 shows the Vietnam Campaign
Medal, it would be appropriate to correct his DD Form 214 to show the
Vietnam Campaign Medal with Device (1960).

3.  Department of the Army Pamphlet 672-3 shows the applicant's units were
not cited for award of the Meritorious Unit Commendation while he was
assigned to them.  Therefore, there is no basis for granting the
applicant's request to correct his DD Form 214 to show the Meritorious Unit
Commendation.

4.  Evidence of record shows the applicant's units received one award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is
properly reflected on his DD Form 215.  Therefore, there is no basis for
granting the applicant's request to correct his DD Form 214 to show a
second award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

5.  There is no evidence of record which shows the applicant was awarded a
personal award of the Republic of Vietnam Gallantry Cross.  Therefore,
there is no basis for granting his request to correct his DD Form 214 to
show this personal decoration.

6.  There is no evidence of record which shows the applicant was awarded
the Republic of Vietnam Civil Actions Honor Medal Second Class.  Therefore,
there is insufficient evidence on which to add this award to his DD Form
214.

7.  There is no evidence of record which shows the applicant was awarded
the Joint Service Commendation Medal.  Therefore, there is insufficient
evidence on which to base award of this medal and this Board does not have
the authority to award a Joint award.

8.  The Combat Action Ribbon is a Department of the Navy award; therefore,
this Board does not have authority to award the Combat Action Ribbon.

9.  Since there are no Department of the Army general orders for the Navy
Unit Commendation and the Navy Presidential Unit Citation, there is no
basis for granting the applicant's request to correct his DD Form 214 to
show these Navy unit awards.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

LS______  RB____  RN______  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 Good Conduct Medal for the
period 9 August 1967 through 16 July 1969; and

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Vietnam Campaign Medal with Device
(1960).

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
the Meritorious Unit Commendation, a second award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, a personal award of the
Republic of Vietnam Gallantry Cross, the Republic of Vietnam Civil Actions
Honor Medal Second Class, the Joint Service Commendation Medal, the Combat
Action Ribbon, the Navy Unit Commendation, and the Navy Presidential Unit
Citation.




            _Linda Simmons______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006739                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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