RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050018274


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show the Combat Infantryman Badge and a second
award of the Bronze Star Medal (correctly known as the Bronze Star Medal
with First Oak Leaf Cluster).

2.  The applicant states both awards were issued to him while he was in
Vietnam. He contends he arrived in Vietnam in February 1970 and performed
combat patrols and many combat operations until September or October 1970.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
29 June 1971.  The application submitted in this case is dated 3 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 requested correction of his records to show a second
award of the Bronze Star Medal.  There are no orders or other evidence
authorizing a second award of the Bronze Star Medal to the applicant.  In
the absence of a proper award authority for this decoration, the applicant
may request a second award of the Bronze Star 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, it will not be discussed
further in this Record of Proceedings.

4.  The applicant was inducted on 26 August 1969.  He arrived in Vietnam on

30 January 1970.  He served as a light weapons infantryman assigned to
Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade in Vietnam
from 19 February 1970 through 14 December 1970.  On 29 June 1971, the
applicant was released from active duty in the rank of sergeant after
completing 1 year,
10 months, and 4 days of creditable active service with no time lost.
5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the
Bronze Star Medal, the Expert Marksmanship Qualification Badge with Grenade
Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

6.  Headquarters, Americal Division Special Orders Number 244, dated
1 September 1970, show the applicant received the Combat Infantryman Badge.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

9.  Army Regulation 672-5-1, 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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge.

2.  The applicant was separated in the rank of sergeant with over 22 months
of creditable active service with no time lost.  Therefore, it appears the
applicant met the eligibility criteria for the first award of the Good
Conduct Medal for the period 26 August 1969 through 29 June 1971 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 29 June 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 28 June 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:

WP___  _MT_____  _WC_____  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 him the first award of the Good Conduct Medal for the
period 26 August 1969 through 29 June 1971; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Combat Infantryman Badge and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



                            __William Powers______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018274                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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