RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000132


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) with an effective
date of 19 March 1969 be corrected to show:  the Good Conduct Medal
(GCMDL), the Vietnam Service Medal (VSM) with the appropriate number of
bronze service stars, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Campaign Medal (VCM), the
Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC),
the Valorous Unit Citation (sic); the Air Medal (AM) with Numeral 1, and
any other awards to which he may be entitled.

2.  The applicant states that he did not receive all the awards he was
entitled to upon leaving Vietnam and the Army.

3.  The applicant provides a copy of two DD Forms 214 and a copy of a
letter from the National Personnel Records Center (NPRC), St. Louis,
Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 March 1969.  The application submitted in this case is
dated
20 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 was inducted into the Army of the United States on 5 May
1966. Following basic combat training and advanced individual training, he
was awarded the military occupational specialty (MOS) 11F10 (Infantry
Operations and Intelligence Specialist).  He next attended Infantry Officer
Candidate School (OCS).

4.  The applicant was honorably separated on 19 March 1967 to accept
appointment as a second lieutenant (2LT).  He was commissioned as an
Infantry 2LT on 20 March 1967.  He remained on active duty until he was
honorably released from active duty and transferred to the U.S. Army
Reserve Control

Group on 19 March 1969.  He completed a total of 2 years, 10 months, and
15 days of active Federal service, of which 10 months and 15 days were
served in an enlisted status.

5.  The applicant's DD Form 214 as an enlisted Soldier shows he was awarded
the National Defense Service Medal (NDSM) and the Marksman Marksmanship
Badge with Rifle Bar (M-14).  His DD Form 214 as an officer shows he was
awarded the Purple Heart (PH), VSM with 1 bronze service star, VCM, Combat
Infantryman Badge (CIB), Marksman Marksmanship Badge with Rifle Bar (M-14),
and two Overseas Service Bars.

6.  As an infantry officer, the applicant served in the Republic of Vietnam
from on or about 22 September 1967 through on or about 17 September 1968.
During that period, he was assigned to various companies of the 2nd
Battalion, 12th Infantry, 25th Infantry Division.

7.  There is no evidence in the applicant's records to show that he was
ever awarded a GCMDL.

8.  Army Regulation 672-5-1 (Military Awards), then in effect, required
that an enlisted Soldier separated in order to accept appointment as a
commissioned officer must have completed 1 year of enlisted service in
order to be awarded the GCMDL.

9.  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 battalion to which the
applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 48, dated 1971; the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation based on Department of the Army
General Orders Number 51, dated 1971, and the Valorous Unit Award (VUA)
based on Department of the Army General Orders Number 48, dated 1968.

10.  The applicant's records show that he was awarded the Vietnam Service
Medal with 1 bronze service star.  However, his records also indicate he
participated in four campaigns – the Vietnam Counteroffensive Phase II, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, and the Vietnam
Counteroffensive Phase V campaigns.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record clearly shows the applicant served 10 months and 15
days as an enlisted Soldier before being appointed as a 2LT; therefore, he
did not meet the minimum service requirement of 12 months for the first
award of the GCMDL and he is not entitled to that award.

2.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award
which are not shown on his separation document.  Therefore, he is entitled
to correction of his records to show these three unit awards.

3.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore, he is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant was awarded the NDSM during his enlisted service.  This
award should be carried over onto his DD Form 214 with an effective date of
19 March 1969.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 18 March 1972.  Although the applicant did not file within the
ABCMR's statue of limitations, it is appropriate to waive failure to timely
file based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __rml___  __jgh___  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, to include his DD Form 214 for the
period ending 19 March 1969, be corrected by showing the award of the
National Defense Service Medal, Vietnam Service Medal with 4 bronze service
stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.

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
the award of the Good Conduct Medal, Vietnam Campaign Medal, Presidential
Unit Citation, Meritorious Unit Commendation, Valorous Unit Citation (sic),
and the Air Medal with
Numeral 1.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000132                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0069                                |
|2.                      |107.0073                                |
|3.                      |107.0033                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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