RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050016509


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 show award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that
his rank be converted to corporal (E-4).

2.  The applicant states he did not receive the Republic of Vietnam
Gallantry Cross with Palm Unit Citation that was authorized to all
Soldiers.  He was told that his rank would be converted from specialist
four to corporal because of his assignment as a kitchen supervisor thereby
allowing for consideration of appointment as a mess hall sergeant.

3.  The applicant provides a copy of his DD Form 214 ((Report of Transfer
or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 30 April 1971, the date of his release from active duty.
The application submitted in this case is dated 7 November 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 records show the applicant entered active duty on 19 August 1969,
completed training, and was awarded the military occupational specialty
(MOS) 94B (Cook).

4.  The applicant served in Vietnam with the 117th Aviation Company
(ASLTHEL) from 30 January 1970 through 29 April 1971.

5.  His DD Form 214 shows he was honorably separated, as a specialist four
 (E-4), from active duty on 30 April 1971 under the early separation for
overseas returnee program with 1 year, 8 months, and 12 days of active
duty.  It lists his awards as the Air Medal, the National Defense Service
Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal with “1960” device.

6.  His DA Form 20 (Enlisted Qualification Record) indicates the applicant
served in Vietnam during one campaign period and was authorized the Air
Medal, the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with “1960” device, and the Marksman
Marksmanship Qualification Badge with Rifle Bar.  It reports his conduct
and efficiency ratings as exclusively excellent.

7.  The record contains no documentation that the applicant was considered
for conversion from specialist four to corporal.

8.  Army Regulation 600-8-22 (Military Awards), chapter 4, states 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
active Federal military service.  A record of punishment is not
automatically disqualifying.  However, at that time, a single efficiency
rating of less than excellent was disqualifying.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.
 At that time, a disqualification was normally noted on the DA Form 20.

9.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following three campaign periods: the Vietnam Winter-Spring 1970;
1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May
1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30
June 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that while the applicant was
assigned to the 117th Aviation Company it was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his conduct and efficiency ratings, his personal
decorations, and his promotion to E-4.  The record contains no indication
of any disqualifying incidents or recommendations.  It is appropriate to
award the applicant the Good Conduct Medal for his period of service from
19 August 1969 through 30 April 1971.

2.  In addition to the awards listed on the DD Form 214, the applicant is
also authorized award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and to wear three bronze service stars on his Vietnam
Service Medal.

3.  There is insufficient evidence or documentation to show that the
applicant was considered for conversion from specialist four to corporal to
warrant this correction.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_ALB____  __LMD__  __PMT___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 the applicant the Good Conduct Medal for the period from
19 August 1969 through 30 April 1971; and

      b.  showing that in addition to the awards listed on the DD Form 214,
he is also authorized award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and to wear three bronze service stars on his Vietnam
Service Medal.
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
conversion of his rank to corporal.




            ___     Allen L. Raub_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016509                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |129                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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