RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050008489


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 correction of his records to show all awards to
which he is entitled.

2.  The applicant states that there were medals awarded to the units he was
attached which are not reflected.  He also states that he did not receive
the Republic of Vietnam Campaign Medal with one oak leaf cluster [correctly
known as Republic of Vietnam Campaign Medal with Device 60] and the Vietnam
Cross of Gallantry Medal [correctly known as the Republic of Vietnam
Gallantry Cross with Palm Unit Citation].

3.  The applicant does not provide any documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 August 1971, the date of his separation from active duty.
The application submitted in this case is dated 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 enlisted in the Army on 13 November 1968 for a period of
3 years.  After completion of basic and advanced individual training, he
was awarded military occupational specialty 31S (Field General
Communications Security Repairman).  He served in Vietnam for the period 3
August 1969 through 2 August 1970.  The applicant was honorably discharged
on 13 August 1971.





4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Records)
show he was awarded the Vietnam Service Medal with three bronze service
stars, the National Defense Service Medal, the Republic of Vietnam Campaign
Medal with Device 60, the Army Commendation Medal, and the Expert
Qualification Badge (Rifle).

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he
was assigned to the following units during his service in Vietnam:

      a.  the 57th Signal Company for the period 6 August 1969 through
26 September 1969;


      b.  the 235th Signal Detachment for the period 27 September 1969
through 31 March 1970; and


      c.  the USA Communications Security Logistics Support Center for the
period 1 April 1970 through 30 July 1970.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists U.S. and foreign unit awards received
by units serving in Vietnam.

7.  DA Pamphlet 672-3 does not show that the units the applicant was
assigned to during his period of service were cited for a U.S. unit award.

8.  DA Pamphlet 672-3 shows that the unit the applicant was assigned to was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Order 8, dated 1974; accordingly he
is entitled to this award.

9.  The applicant's DD Form 214 does not show award of the Good Conduct
Medal.

10.  The applicant's DA Form 20 shows that his conduct and efficiency were
rated as "excellent."

11.  A review of the applicant's service record shows no derogatory
information that would disqualify him for the first award of the Good
Conduct Medal.



12.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

13.  The applicant's DD Form 214 currently shows he was awarded the Vietnam
Service Medal with three bronze service stars.

14.  The applicant's DA Form 20 shows that he participated in the Vietnam
Summer-Fall 1969, the Vietnam Winter-Spring 1969 and the DA Sanctuary
Counteroffensive.

15.  Department of the Army Pamphlet 672-3 lists campaigns during the
Vietnam War.  This document shows that, during the applicant’s period of
service in Vietnam, he participated in the Vietnam Summer-Fall 1969, the
Vietnam Winter-Spring 1969, the DA Sanctuary Counteroffensive and the
Vietnam Counteroffensive, Phase VII.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to reflect
awards to which he is entitled, including the Republic of Vietnam Campaign
Medal with Device 60 and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation which are not shown on his DD Form 214.

2.  Contrary to the applicant's contention regarding the Republic of
Vietnam Campaign Medal with Device 60, evidence shows he was awarded this
award, and it is shown on his DD Form 214.  Therefore, no action will be
taken regarding this award.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; therefore, he is entitled to correction of
his records to show this award.

4.  Evidence of record confirms that the applicant served honorably during
the period from 13 November 1968 through 13 August 1971.  Lacking any
derogatory information on file that would have disqualified him, it would
be appropriate to award the applicant the first award of the Good Conduct
Medal based on completion of qualifying service ending with termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show award of the Good Conduct Medal.

5.  Evidence shows that during the applicant's service in Vietnam, he
participated in four campaigns instead of three as currently reflected.
Therefore, the applicant is entitled to correction of his records to show
credit for the DA Sanctuary Counteroffensive, Phase VII and by adding
another bronze service star to his already awarded Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 August 1974.  However, based on the evidence which
warrants correction of the applicant's records, it would be in the interest
of justice to excuse the failure to timely file.

BOARD VOTE:

_JBM___  _RLD____  __JRM __  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 awarding the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (1st Award)
for the period 13 November 1968 through 13 August 1971, and by awarding an
additional bronze service star to be affixed to his Vietnam Service Medal
based on credit for the DA Sanctuary Counteroffensive Phase VII.




                               __Ted S. Kanamine___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050008489                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  49   |107.0000                                |
|2.  140                 |107.0094/RVNGC                          |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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