RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         10 January 2006
      DOCKET NUMBER:  AR20050008413


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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, award of the Army Good Conduct Medal
(AGCM).

2.  The applicant states, in effect, he never received his award of the
AGCM, and would now like to have it.  He further states he received an
Article 15 three months prior to his discharge and did not realize that it
would prevent him from getting his AGCM for six months.

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 April 1969.  The application submitted in this case is
dated
15 May 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 that he enlisted in the Regular Army and
entered active duty on 15 June 1967.  He was trained in, awarded and served
in military occupational specialty (MOS) 11B (Light Weapons Infantryman),
and the highest rank he attained while serving on active duty was private
first class (PFC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms he
served in the Republic of Vietnam (RVN) from 5 April 1968 through 4 April
1969. It further shows that during his RVN tour, he was assigned to Company
B,
5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 6 April
through 18 July 1968 and Company B, 4th Battalion, 12th Infantry Regiment,
199th Infantry Brigade, from 19 July 1968 through 2 April 1969, performing
duties in MOS 11B as a rifleman.
5..  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that he earned the following awards during his active duty tenure:
National Defense Service Medal, RVN Campaign Medal with 60 Device, Vietnam
Service Medal, and Combat Infantryman Badge.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
documents confirming he accepted nonjudicial punishment (NJP) under the
provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on
3 February 1969.  This NJP action was based on failure to be at prescribed
appointed place of duty on 31 January 1969.

7.  On 6 April 1969, the applicant was honorably separated and transferred
to the United States Army Reserve.  The DD Form 214 he was issued at that
time confirms he completed a total of 1 year, 9 months and 22 days of
creditable active military service.

8.  Item 24 of (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) the applicant’s DD Form 214 shows
he earned the following awards during his active duty tenure:  National
Defense Service Medal; Vietnam Campaign Medal, Vietnam Service Medal, and
Combat Infantryman Badge.  The AGCM is not included in this list of
authorized awards.  The applicant authenticated the DD Form 214 with his
signature in Item 32 (Signature of Person Being Transferred or Discharged)
on the date of his separation

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
prescribed the Army’s awards policy.  Section III provided guidance on
award of the AGCM and stated, in pertinent part, that it was awarded on a
selective basis to each Soldier who distinguished himself from among his
fellow Soldiers by his exemplary conduct, efficiency, and fidelity.  It
further stated that there was no right or entitlement to this medal until
the immediate commander made a positive recommendation for its award.

10. Army Regulation 600-8-22 (Military Awards) contains the current Army
awards policy.  Paragraph 2-13 contains guidance on award of the Vietnam
Service Medal (VSM).  It states, in pertinent part, that it is authorized
to all members who served in the RVN from 3 July 1965 through 28 March
1973.  It further stipulates that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.

11.  Table B-1 of the awards regulation lists RVN campaigns and confirms
that based on the period of his RVN service, he was credited with
participating in the Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69
Counteroffensive campaigns.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (12 Infantry Regiment) received
the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor
Medal First Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the AGCM was carefully
considered. However, given his disciplinary history, it appears his not
being awarded the AGCM was likely the result of his unit commander electing
not to recommend him for it, rather than being the result of an
administrative error.  Thus, it would not be appropriate to grant this
requested relief at this late date.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the AGCM now under consideration on 6 April
1969. Therefore, the time for him to file a request for correction of any
error or injustice expired on 5 April 1972.  However, he failed to 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.

4.  The evidence of record does show that based on his RVN service and
campaign participation, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Citation
Unit Citation and 4 bronze service stars with his VSM.  The omission of
these awards from his record is an administrative matter that does not
require Board action to correct.  Therefore, his records will be corrected
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW_  __DED __  ___QAS_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Citation Unit Citation and
4 bronze service star with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these changes.




                                  _____Kenneth L. Wright___
                                            CHAIRPERSON


INDEX

|CASE ID                 |AR20050008413                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/04/06                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 5                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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