RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017107


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 Commendation
Medal.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) and DA Form 2-1
(Personnel Qualification Record) should be changed to reflect the Army
Commendation Medal.  He also states that he was awarded the Army
Commendation Medal for service in Vietnam and he did not realize that the
award was not listed until he received a copy of his personnel records from
the National Personnel Records Center on 18 November 2005.

3.  The applicant provides a copy of his citation for award of the Army
Commendation Medal in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 August 1971, the date of his separation from active duty.
The application submitted in this case is dated 21 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 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 military records show that he was inducted into the
Army of the United States, as a private, pay grade E-1, on 5 August 1969.

4.  His service personnel records contain a citation for award of the Army
Commendation Medal for exceptionally meritorious service in support of the
United States objective in the military assistance effort in the Republic
of Vietnam during the period May 1970 to April 1971.  The applicant
submitted a copy of this citation in support of his application.

5.  His records also show he served in the Republic of Vietnam from 26 May
1970 through 22 April 1971, with Headquarters and Headquarters Detachment,
24th Transportation Battalion, for two campaigns.
6.  He was separated from active duty on 23 August 1971, in pay grade E-4,
and transferred to the United States Army Reserve (USAR) Control Group
(Annual Training).

7.  He was issued a DD Form 214 that shows in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal with 60 device, two overseas
service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar (M-16, Rifle), and the Marksman Marksmanship Qualification Badge with
Rifle Bar (M-14-Rifle).

8.  Entries on his DD Form 214 and DA Form 2-1 do not show award of the
Army Commendation Medal.

9.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show that he was promoted on time, and that there is no indication
of indiscipline in his records.

10.  He was discharged from the USAR on 23 October 1988.

11.  Army Regulation 600-8-22, in pertinent part, provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.

12.  Army Regulation 600-8-22, in pertinent part, also provides that the
Army 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 Army Good Conduct Medal, disqualification must be
justified.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment with Headquarters and Headquarters Detachment,
24th Transportation Battalion, it was cited for award of the Meritorious
Unit Commendation by Headquarters, Department of the Army General Order
Number 24, dated 1972, and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters, Department of the Army General Order
Number 8, dated 1974.

14.  Army Regulation 600-8-22 shows that while the applicant was assigned
to Vietnam he participated in two campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for exceptionally
meritorious service in support of the United States objective in the
military assistance effort in the Republic of Vietnam during the period May
1970 to April 1971 and his records should be corrected accordingly.

2.  The evidence of record shows that the applicant completed a qualifying
period of service for award of the Army Good Conduct Medal for the period 5
August 1969 through 23 April 1971.  Therefore, it would be appropriate to
add this award to his record at this time.

3.  The applicant’s records also show that he is entitled to award of the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and two bronze service stars for wear on his
Vietnam Service Medal.

4.  Based on the evidence in this case, the applicant is entitled to a
correction of his records to show these additional awards, which were
omitted through administrative error at the time the applicant was
separated from active duty.

5.  In view of the foregoing findings, it would be appropriate to correct
the applicant’s records as recommended below.

BOARD VOTE:

__PMT__  _JBG __  __CLG___  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 showing he was awarded the Army
Commendation Medal; the Good Conduct Medal, for the period 5 August 1969
through 23 April 1971; the Meritorious Unit Commendation; the Republic of
Vietnam Gallantry Cross with Palm Unit Citation; and two bronze service
stars for wear on his Vietnam Service Medal, and providing him a correction
to his separation document that includes these awards.




                            _____Curtis L. Greenway ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017107                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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