RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050014881


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 DD Forms 214 (Armed Forces of the
United States Report of Transfer or Discharge) and (Certificate of Release
or Discharge from Active Duty) separation documents be corrected to show
the Army Good Conduct Medal and all medals for his periods of service
during Vietnam and the Persian Gulf.

2.  The applicant states he would like his military personnel records
reviewed for all awards he is entitled during these two periods.

3.  The applicant provides a copy of his DD Form 214 for periods of service
during Vietnam, a copy of DD Form 214 for periods of service during the
Persian Gulf and a copy of NGB Form 22 (Report of Separation and Records of
Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 December 1968 and 17 July 1991, the dates of his
separation from active duty.  The application submitted in this case is
dated 4 October 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 records show that he was inducted on 9 January 1967.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 55B (Ammunition
Specialist).  The applicant was assigned to the 139th Supply Company while
in the Republic of Vietnam during the period 14 July 1967 through 14 July
1968.  He was honorably separated from active duty on 20 December 1968.

4.  The applicant's records also shows he was serving in the Ohio National
Guard when he was placed on active duty from 17 November 1990 through 17
July 1991 in support of Operations Desert Shield/Storm and he served a tour
of duty in Southwest Asia during the period 5 January 1991 through 28 June
1991.  His DD-Form 214 shows he served a total of 8 months and 1 day on
active duty and was released and transferred back to the Ohio National
Guard on 17 July 1991.
5.  Item 24 of the applicant's DD Form 214 issued after the completion of
his service in Vietnam shows he was awarded the following awards:

      a.  Vietnam Service Medal

      b.  National Defense Service Medal

      c.  Vietnam Campaign Medal

      d.  2 Overseas Bars

      e.  Sharpshooter Marksmanship Qualification Badge (Rifle)

6.  Item 13 of the applicant's DD Form 214 issued after completion of his
service in the Persian Gulf shows he was awarded the following awards:

      a.  National Defense Service Medal with Bronze Star

      b.  Southwest Asia Service Medal

7.  There are no orders in the available records which show the applicant
was awarded the Army Good Conduct Medal.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he had
a character and efficiency rating of excellent and good throughout his
service during Vietnam and had no convictions by a court -martial.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that an enlisted person must have had no
convictions by courts-martial and all “excellent” conduct and efficiency
ratings throughout a qualifying period of service for award of the Good
Conduct Medal, except that service school efficiency ratings based upon
academic proficiency must have been at least "good."  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.  With the
publication of the new Army Regulation 672-5-1, in 1974, the requirement
for all excellent conduct and efficiency ratings was dropped and an
individual was required to show that he/she willingly complied with the
demands of the military environment, had been loyal and obedient, and
faithfully supported the goals of his organization and the Army.  Today,
Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes
that there is no automatic entitlement to the Army Good Conduct Medal and
disqualification must be justified.  Current practice requires that the
commander provide written notice of nonfavorable consideration and permits
the individual to respond.
10.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Forms 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

12.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive, Phase III, IV, V and the TET Counteroffensive.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

14.  The applicant's records show that he was awarded the Southwest Asia
Medal for the period 5 January 1991 through 28 June 1991.  However, his
DD Form 214 does not list any foreign awards.

15.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) was approved on 3 January 1992 and is awarded to members of the
Armed Forces of the United States who participated in the Persian Gulf War
between 17 January 1991 and 28 February 1991.

16.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-
K) was approved on 9 November 1995 and is awarded to members of the Armed
Forces of the United States who participated in the Persian Gulf War
between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled the award of the Army Good
Conduct Medal for his service while on active duty during Vietnam and the
Persian Gulf.

2.  The evidence of record shows that the applicant had 1 year, 6 months,
and 9 days of creditable active service at the time of discharge from
Vietnam.  There is no evidence of any convictions by courts-martial
contained in the applicant’s records.  Additionally, his DA Form 20 shows
that he was rated excellent in conduct and good in efficiency based on his
academic proficiency.  By regulation, he is entitled to correction of his
records to show award of the Good Conduct Medal for his Vietnam periods of
service.

3.  The evidence of record also shows that the applicant had 8 months and 1
day of creditable active service at the time he was released from active
duty for his service in the Persian Gulf.  By regulation, he is not
eligible for the Army Good Conduct Medal for his periods of service in the
Persian Gulf.  Therefore, the applicant is precluded from being awarded the
Army Good Conduct Medal for his Persian Gulf periods of service.

4.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore he is entitled to correction of his records
to show this foreign unit award.

5.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's DD Form 214 shows he was awarded the Vietnam Campaign
Medal.  His records show he was awarded the Vietnam Campaign Medal with
60 Device.  His record should be corrected.

7.  Records show that the applicant participated in Operation Desert Storm.
Therefore, he is entitled to the Kuwait Liberation Medal (KLM-SA) awarded
by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal (KLM-K)
awarded by the Government of Kuwait.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 December 1971.  The applicant did not 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jtm___  __jcr___  __eem___  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 showing award of the
Good Conduct Medal for the period of service from 9 January 1967 through 20
December 1968, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, four bronze service stars for wear on his already awarded Vietnam
Service Medal, the Kuwait Liberation Medal (KLM-SA) and the Kuwait
Liberation Medal (KLM-K).

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 award of the Good Conduct Medal for his Persian Gulf periods of
service.



                                        John T. Meixell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014881                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0094                                |
|3.                      |107.0089                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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