RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 October 2006
      DOCKET NUMBER:   AR20060002238


      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. Andrew C. Jacobs              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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) be corrected to show
the award of the Bronze Star Medal with “V” (for Valor) Device.

2.  The applicant essentially states that he was awarded the Bronze Star
Medal with “V” Device, but that it is not indicated on his DD Form 214.

3.  The applicant provides a previous DD Form 149 (Application for
Correction of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552) and a letter from a Readjustment Counseling Services Officer
from the Harlem, New York Vet Center in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 September 1968, the date of his release from active duty.
Although the application submitted in this case is dated 30 June 2005, it
was not received until 10 February 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’s DD Form 214, which was amended by a DD Form 215
(Correction to DD Form 214) shows that he was awarded the Bronze Star
Medal, the National Defense Service Medal, the Vietnam Service Medal with
three bronze service stars, the Republic of Vietnam Campaign Medal, the
Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the Expert Marksmanship Qualification Badge with
Mortar Bar, and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

4.  The applicant requested that the award of the Bronze Star Medal with
“V” Device be added to his DD Form 214.  There are no orders or other
evidence authorizing award of this decoration to the applicant.  In the
absence of a proper award authority for this decoration, the applicant may
request award of the Bronze Star Medal with “V” Device 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 of Title 10, United States Code and as a
result, the Bronze Star Medal with “V” Device will not be discussed further
in this record of proceedings.

5.  During a review of the applicant’s records, it was determined that he
is entitled to additional awards and decorations that are not shown on his
DD Form 214 or DD Form 215.

6.  The applicant’s records show that he served 2 years of continuous
enlisted active duty service from 27 September 1966 to 26 September 1968.
However, his DD Form 214 does not show that he was awarded the Army Good
Conduct Medal for this period of service.  His conduct and efficiency
ratings were rated as "excellent" for the entire period of this qualifying
period of service, and there is no derogatory information in the available
records which could be a disqualifying factor for this period of active
duty service for award of the Army Good Conduct Medal.

7.  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 that during the applicant’s assignment to
Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division
from
15 March 1967 to 4 March 1968, the 1st Infantry Division was cited for
award of the Meritorious Unit Commendation for the period 1 December 1965
to
31 August 1967, and cited again for award of the Meritorious Unit
Commendation for the period 1 September 1967 to 31 October 1968 by
Department of the Army General Orders Number 37, dated 1970.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the
applicant’s active duty service, 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.


DISCUSSION AND CONCLUSIONS:

1.  During a review of the applicant’s records, it was determined that he
is entitled to additional awards and decorations that are not shown on his
DD Form 214 or DD Form 215.

2.  Evidence of record clearly shows the applicant completed 2 years of
continuous enlisted active duty service from 27 September 1966 to
26 September 1968, and there is no derogatory information in the available
records which could be a disqualifying factor for this period of active
duty service for award of the Army Good Conduct Medal.  Therefore, he is
entitled to award of the Army Good Conduct Medal, and correction of his
military records to show the Army Good Conduct Medal for the period 27
September 1966 to 26 September 1968.

3.  General orders awarded the 1st Infantry Division two awards of the
Meritorious Unit Commendation while the applicant was assigned to this
division; therefore, he is entitled to award of the Meritorious Unit
Commendation with First Oak Leaf Cluster, and correction of his military
records to show these unit awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
25 September 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the partial relief being granted in this case.

BOARD VOTE:

___KW__  ___TR __  ___SS  __  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 Army Good Conduct Medal for the period
27 September 1966 to 26 September 1968 while serving as a sergeant; and


      b.  awarding him the Meritorious Unit Commendation with First Oak Leaf
Cluster.




                            ____ Kenneth L. Wright_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002238                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19680926                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 2, Sec VI                |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT FULL RELIEF                       |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0014.0000 (with “V” Device)         |
|2.                      |107.0034.0000 (2 awards)                |
|3.                      |107.0056.0000                           |
|4.                      |110.0400.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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