RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001584


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Ms. Qawiy 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge and
the Bronze Star Medal.

2.  The applicant states these awards were never added to his DD Form 214.

3.  The applicant provides orders for the Combat Infantryman Badge and the
Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 July 1971.  The application submitted in this case is dated 24 January
2006.

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 on 20 November 1969.  He arrived in Vietnam
on 22 July 1970.  He served as a light weapons infantryman assigned to
Company D, 2nd Battalion, 35th Infantry of the 4th Infantry Division in
Vietnam from
3 August 1970 through 26 October 1970.  He was assigned to Company B,
1st Battalion, 327th Infantry in Vietnam from 8 November 1970 through 20
July 1971.  On 21 July 1971, the applicant was released from active duty in
the rank of specialist four after completing 1 year, 8 months, and 2 days
of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar (M-4), and the Expert Marksmanship Qualification Badge
with Rifle Bar (M-16) as authorized awards.

5.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number
149, dated 29 May 1971, show the applicant received the Combat Infantryman
Badge.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
6976, dated 22 June 1971, show the applicant received the Bronze Star
Medal.

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.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

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 applicant's unit (2nd
Battalion, 35th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (29 July 1969 to 17 November 1970)
based on Department of the Army General Orders Number 52, dated 1971; and
his unit (1st Battalion, 327th Infantry) is entitled to one award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 March 1971
to 9 October 1971) based on Department of the Army General Orders Number 6,
dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal with Device 1960.
 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.

11.  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.

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 appropriate service medal.

13.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge and the
Bronze Star Medal.

2.  The applicant was separated in the rank of specialist four with 20
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 20 November 1969 through 21 July 1971
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

4.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with Device 1960.

5.  The applicant's units were awarded two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to
wear one of those awards.  However, his DD Form 214 should be corrected to
show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 21 July 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 20 July
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:

AR_____  _LB_____  __QS____  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 20 November 1969 through 21 July 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, the Bronze Star Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, and two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.




                            ____Allen Raub_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001584                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|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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