RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050017791


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Mr. Qawly Sabree                  |     |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 his military records be
corrected to show his date of birth as 6 December 1942 vice 7 December
1942.  Additionally, he requests award of the Vietnam Service Medal (VSM)
and the Army Good Conduct Medal (AGCM).

2.  The applicant states he served in the Republic of Vietnam from
10 September 1966 until his hardship discharge.

3.  The applicant provides his certificate of birth, DD Forms 214 (Armed
Forces of the United States Report of Transfer or Discharge) and DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 November 1966.  The application submitted in this case
is dated 6 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 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 record shows that he enlisted into the Regular Army and
entered active duty on 30 June 1960.  He served 2 years, 11 months, and 29
days and was separated on 28 June 1963.  The applicant reentered the Army
on 29 August 1963.  The applicant was honorably discharged for hardship on
      15 November 1966.

4.  The applicant’s DD Form 214 from 30 June 1960 to 28 June 1963 shows his
date of birth as 6 December 1942.  It also shows his total service as 2
years, 11 months, and 29 days and his foreign service is listed as 1 year,
4 months, and 1 day.  In item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
“Sharp Shooter – Rifle M-1.”


5.  The applicant’s DD Form 214 from 29 August 1963 to 15 November 1966
shows his date of birth as 7 December 1942.  His net service this period
was listed as 3 years, 2 months, and 17 days.  It also lists his foreign
service as         2 years, 3 months, and 9 days.  In item 26 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) shows the National Defense Service Medal and Sharp Shooter.

6.  Item 31 “Foreign Service” on the applicant's DA Form 20 shows from
         2 February 1961 through 2 May 1962 he served a 15 month tour in
Korea and from 27 March 1964 through 12 June 1966 he served a 27 month tour
in France. This form also shows from 10 September 1966 through 9 August
1967 he served in the United States Army Pacific, Republic of Vietnam.
However, the through date is listed in pencil and the total months he
served in the Republic of Vietnam is blank.  Additionally, this form shows
an effective date of the unit (Headquarters and Headquarters Company, 124th
Transportation Company) permanent change of station as 1 October 1966.

7.  The applicant’s DA Form 20 from 30 June 1960 to 28 June 1963 does not
list his conduct or efficiency.  However, there are no records of
disciplinary infractions contained in his file.  Additionally, his DA Form
20, Item 38 "Conduct and Efficiency" from 30 August 1963 to 1 October 1966
shows that he was rated as "excellent" on all the entries listed on this
form.

8.  The applicant provided his certificate of birth that shows his date of
birth as     6 December 1942.

9.  The applicant’s DD Form 4 (Enlistment Record) dated 30 June 1960 shows
his date of birth as 6 December 1942.  However, his DD Form 4, dated
      29 August 1963 shows his date of birth as 7 December 1942.

10.  Separation packet dated October 1966 shows that the applicant
submitted a request for a hardship separation due to the death of his
spouse and subsequent sole parenthood.  The death certificate lists his
spouse date of death as            29 September 1966.  The supporting
letters in the packet are dated                    18 October 1966.  The
first endorsement from Headquarters, Fort Devens, dated 21 October 1966,
stated that the applicant was pending attachment from the 124th
Transportation Command.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  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.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service except that a
service school efficiency rating based upon academic proficiency of at
least "good" rendered subsequent to 11 November 1956 was not disqualifying.
 However, there was no right or entitlement to the medal until the
immediate commander made a positive recommendation for its award and until
the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain documents that show his date of birth
as both 6 December 1942 and 7 December 1942.  However, his certification of
birth certifies his date of birth as 6 December 1942.  Therefore, the
applicant’s records should be corrected to show this date.

2.  It appears that the applicant’s unit was scheduled for a permanent
change
of station to Vietnam sometime in September/October 1966.  The applicant’s
DA Form 20 indicates his Foreign Service tour in Vietnam was from
10 September 1966.  However, this same document shows his effective date in
country as 1 October 1966.  Records further show that the applicant’s
spouse died on 29 September 1966.  Additionally, the applicant’s DD Form
214 for the period in question lists his foreign service time as 2 years, 3
months, and 9 days. His foreign service time is consistent with the 27
months he served in France, as listed on his DA Form 20.  There is no
evidence, and the applicant did not provide any, to show that he did, in
fact, serve in Vietnam.  In the absence of such evidence, there is an
insufficient basis for award of the Vietnam Service Medal.

3.  Evidence of record shows that the applicant served 2 years, 11 months,
and 29 days on his first enlistment.  Although, his DA Form 20 does not
show conduct and efficiency ratings, his records verify that he had no
disciplinary infractions during that period of service.  Additionally, the
applicant’s record shows that he served 3 years, 2 months, and 17 days on
his last enlistment with excellent efficiency ratings and no disciplinary
infractions.  Therefore, he is entitled to the award of the AGCM for his
first term of service and the AGCM (2d award) for his subsequent service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   14 November 1969.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___AR __  ___LB___  ___QS __  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 as follows:

      a.  by showing his date of birth on his DD Form 214 as 6 December
1942; and
      b.  by awarding him the AGCM for service from 30 June 1960 to 28 June
1963 and the AGCM (2d award) from 29 August 1963 to 28 August 1966.

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
award of the VSM.




                            _______Allen Raub________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017791                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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