RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            18 APRIL 2006
      DOCKET NUMBER:   AR20050010932


      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. Robert Duecaster              |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 his records be corrected to reflect his
service in Vietnam.

2.  The applicant states that he served 3 months in Vietnam and that
service is not reflected on his report of separation (DD Form 214).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 August 1965.  The application submitted in this case is
dated 13 July 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 Indianapolis, Indiana, on 9 September 1963 and
completed his basic combat training at Fort Knox, Kentucky, before being
transferred to Fort Riley, Kansas, for further training and assignment to B
Battery, 1st Howitzer Battalion, 7th Field Artillery Regiment, 1st Infantry
Division.  He completed his training as a field artillery crewman and
remained assigned to the unit.

4.  He was promoted to the pay grade of E-5 (Sgt) on 21 June 1965 and on
25 June 1965, he was transferred to Vietnam with his unit on the Navy
transport General W.H. Gordon.  He departed Vietnam on 20 August 1965 and
was transported to Oakland Army Base, California, where he was honorably
released from active duty on 23 August 1965, as an overseas returnee.  He
had served 1 year, 11 months and 15 days of total active service of which 1
month and 27 days were spent in Vietnam.  His DD Form 214 indicates that he
served that 1 month and 27 days in USARPAC and that he was awarded the
Marksman Marksmanship Badge with M-14 Rifle Bar and the 1-year Safe Driver
Badge.


5.  A review of his records fails to show any derogatory information that
would serve to disqualify him for award of the Good Conduct Medal.

6.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954 and 1 January 1961 through
14 August 1974,inclusive.

7.  Army Regulation 672-5-1 also provides, in pertinent part, for award of
the Vietnam Service Medal (VSM).  This medal is awarded to all members of
the Armed Forces of the United States for qualifying service in Vietnam
after 3 July 1965 through 28 March 1973.  Qualifying service included
attachment to or assignment for 1 or more days with an organization
participating in or directly supporting military operations.  Prior to that
date, the Armed Forces Expeditionary Medal was awarded for service in
Vietnam.  Only one of the awards could be awarded.

8.  Army Regulation 600-8-22 outlines the criteria for award of the Good
Conduct Medal (GCMDL).  It states, 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 Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  He also served in one campaign while in Vietnam and is entitled to
be awarded one bronze service star for wear on his VSM.


DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to show that the applicant
served in Vietnam for 3 months.  However, the records do show that he
served in Vietnam for 1 month and 27 days, as is currently reflected on his
DD Form 214, in item 24c.  Therefore, absent evidence to the contrary, it
must be presumed that the period is correct.

2.  However, the applicant should have been awarded the VSM with one bronze
service star to denote his service in Vietnam.  Accordingly, it would be in
the interest of justice to do so at this time and to correct his records
accordingly.

3.  Additionally, he is also entitled to be awarded the NDSM, the RVNGC
w/Palm Unit Citation and the RVNCAHM – FC Unit Citation as well.

4.  It is also noted that the applicant had excellent conduct and
efficiency ratings throughout his service and his records contain no
derogatory information that would serve to disqualify him for award of the
GCMDL.  Therefore, it must be presumed that the failure to award him the
GCMDL was the result of an administrative error.  Accordingly, it would be
in the interest of justice to award him the GCMDL for the period of
9 September 1963 to 23 August 1965.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RD __  ____RR _  ___JH  __  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 9 September 1963 to 23 August 1965, the VSM with one
bronze service star, the NDSM, the RVNGC w/Palm Unit Citation and the
RVNCAHM-FC Unit Citation and showing those awards on his records.

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
awarding him 3 months credit for service in Vietnam.




                            _____Robert Duecaster______________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010932                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060418                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19650823                                |
|DISCHARGE AUTHORITY     |AR 635-205, Para 7                      |
|DISCHARGE REASON        |O/S Ret (RAD)                           |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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