RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20050018024


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, correction of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show award
of the Army Commendation Medal with First Oak Leaf Cluster, the Republic of
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Good
Conduct Medal (2nd Award).

2.  The applicant states, in effect, he is entitled to the awards listed
above and correction of his records to show these awards.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 February 1971, the date of his release from active duty.  The
application submitted in this case is dated 8 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 enlisted into the Army on 8 February 1968 for a period of
3 years.  After completion of basic and advanced individual training, he
was awarded military occupational specialty 11E (Armor Crewman).  He served
in the Republic of Vietnam during the period 23 February 1969 through
22 February 1970 and he was assigned to the 1st Battalion, 16th Infantry,
1st Infantry Division and served in the Republic of Vietnam during the
period 23 February 1969 through 22 February 1970.  The applicant was
honorably separated on 5 February 1971.  He completed 2 years, 11 months
and 28 days of active military service.

4.  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 Army
Commendation Medal, the Good Conduct Medal, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14) and two Overseas Service Bars.

5.  The applicant's DD Form 214 does not show award of the Army
Commendation Medal with First Oak Leaf Cluster, the Republic of Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Good Conduct
Medal (2nd Award).

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Record) shows he was awarded the following:

      a.  the Army Commendation Medal based on Headquarters, 1st Infantry
Division General Orders Number 1404, dated 30 October 1969;


      b.  the Army Commendation Medal with First Oak Leaf Cluster based on
Headquarters, 1st Infantry Division General Orders Number 248, dated
6 January 1970;


      c.  the Republic of Vietnam Service Medal;


      d. the Republic of Vietnam Campaign Medal; and


      e.  the Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber Pistol) based on Headquarters, 1st Infantry Division Special
Orders Number 255, dated 11 September 1968.

7.  There are no orders in the available records which show the applicant
was awarded the Good Conduct Medal (2nd Award).

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing 6 months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

11.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the Republic of Vietnam Service Medal.  This document
shows the applicant participated in the TET 69 Counteroffensive, the
Republic of Vietnam Summer-Fall 1969, and the Republic of Vietnam Winter-
Spring 1970 campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam War.  This document shows that, at the
time of the applicant’s assignment to the 1st Battalion, 16th Infantry, 1st
Infantry
Division, it was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters Department of the Army General
Orders Number 2, dated 1971.

14.  Department of the Army Pamphlet 672-3 also shows that during the
applicant's assignment with the 1st Battalion, 16th Infantry, 1st Infantry
Division, it was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class by Headquarters Department of the Army General
Orders Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of
the Army Commendation Medal with First Oak Leaf Cluster, the Republic of
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Good
Conduct Medal (2nd Award).

2.  Orders showed the applicant was awarded the Army Commendation Medal
with First Oak Leaf Cluster.  Therefore, he is entitled to correction of
his DD Form 214 to show award of the Army Commendation Medal with First Oak
Leaf Cluster.

3.  Evidence shows the applicant was awarded Republic of Vietnam Service
Medal.  Evidence further shows during the applicant's assignment with the
1st Battalion, 16th Infantry, 1st Infantry Division, the unit was credited
with participating in the TET 69 Counteroffensive, the Republic of Vietnam
Summer-Fall 1969, and the Republic of Vietnam Winter-Spring 1970 campaigns.
 Therefore, he is entitled to correction of his DD Form 214 to show award
of the Republic of Vietnam Service Medal with three bronze service stars.

4.  Evidence shows the applicant was awarded the Republic of Vietnam
Campaign Medal.  Therefore, he is entitled to correction of his DD Form 214
to show this award.

5.  Regulation states award of the Good Conduct Medal is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity for every 3-years of qualifying period of active duty enlisted
service.  There is no evidence and the applicant did not provide any
evidence which shows he honorably completed a second term of service to
qualify for an additional Good Conduct Medal.  Therefore, he is not
entitled to correction to show award of the Good Conduct Medal (2nd Award).

6.  Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with pistol bar (.45 Caliber pistol); therefore, he is
entitled to correction of his DD Form 214 to show this badge.

7.  During the applicant’s assignment with the 1st Battalion, 16th Infantry
of the 1st Infantry Division, the unit 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.  Therefore, he is entitled
to correction of his DD Form 214 to show these awards.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 February 1974.  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

_WDP___  _JCR___  __KSJ___  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
Army Commendation Medal with First Oak Leaf Cluster, the Republic of
Vietnam Service Medal with three bronze service stars, the Republic of
Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with
pistol bar (.45 Caliber pistol), the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class.

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 Good Conduct Medal (2nd Award).




                              __William D. Powers____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050018024                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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