RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050017525


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that the Army Commendation Medal and
the Good Conduct Medal be added to his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that these medals were left off his
discharge document.  He would like to have the record corrected to show
these medals.

3.  In support of his application, the applicant submits no additional
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 22 February 1972, the date of his release from
active duty.  The application submitted in this case is dated 30 November
2005, but was received for processing on 9 December 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 applicant’s records show that he enlisted in the Regular Army on
20 August 1969.  He completed basic combat training at Fort Dix, New
Jersey, and his advanced individual training at Fort Leonard Wood,
Missouri.  After completing all required training, he was awarded the
military occupational specialty (MOS), 62J (General Construction Machine
Operator).

4.  The applicant volunteered for and successfully completed Basic Airborne
Training at Fort Benning, Georgia, and was awarded the Parachutist Badge on
4 February 1970.

5.  The applicant served in Vietnam from 19 September 1970 through
20 September 1971.  He was initially assigned to Company B, 93rd Engineer
Battalion (Construction).  On 1 April 1971, he was reassigned to
Headquarters and Headquarters Company, 34th Engineer Battalion
(Construction), for duty as the company clerk.  At the end of his tour of
duty in Vietnam, the applicant was reassigned to Fort Leonard Wood.
6.  The applicant was honorably released from active duty, on 22 February
1972, under the provisions of Army Regulation (AR) 635-200 and Department
of the Army message, date and time group 102035Z December 1971, for good
and sufficient reason when determined by secretarial authority.  He was
released from active duty in the rank/pay grade, Specialist Five/E-5.  On
the date he was released from active duty, he had completed 2 years, 6
months, and 3 days active military service, with no days lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal, with two bronze service stars; the Republic of Vietnam
Campaign Medal, with '60 Device; the Parachutist Badge; the Expert
Marksmanship Qualification Badge, with Hand grenade Bar; the Marksman
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; the
Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16
Rifle]; and two overseas service bars.  The Army Commendation Medal and
the Good Conduct Medal are not shown on the applicant's DD Form 214.

8.  There are no entries in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Army Commendation Medal and the Good Conduct Medal.

9.  There are no orders in the applicant's military personnel records
awarding him the Army Commendation Medal and the Good Conduct Medal.

10.  The applicant requested that the Army Commendation Medal be added to
his DD Form 214.  There are no orders, or other evidentiary documents, and
the applicant provided none, to show he was awarded the Army Commendation
Medal.  In the absence of a proper award authority for this decoration, the
applicant may request award of the Army Commendation Medal, under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, this award will
not be discussed further in this Record of Proceedings.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the 34th Engineer
Battalion (Construction), the unit the applicant was assigned to was
awarded the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period 20 August 1970 through 20 August 1971, by
Department of the Army General Order (DAGO) Number 5, dated 1973.  The
applicant was assigned to this unit at the time it was cited for this unit
award.

13.  The applicant's units, subordinate units of the US Army, Vietnam,
(USARV) are entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.  The applicant is entitled to this
unit award for his service in Vietnam during the qualifying period.

14.  AR 672-5-1, in effect at the time of the applicant's separation
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.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
the applicant did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 20 August 1969
through 22 February 1972.

2.  The applicant served in units, which were awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation while he was
a member of these units.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his DD
Form 214.

BOARD VOTE:

__RDG__  __PMS__  __LMD __  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:

      a.  awarding the applicant the Good Conduct Medal for the period
20 August 1969 through 22 February 1972 and adding this award to his DD
Form 214; and

      b.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214.




                            _____Paul M. Smith  ____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017525                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   102                |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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