RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002654


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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
(Report of Transfer or Discharge) to show that he was awarded the Bronze
Star Medal.

2.  The applicant states, in effect, that he believes that since he was
evacuated off the battlefield a request for the Bronze Star Medal was never
acted upon.  This error he believes was due to a shortage of qualified
company personnel.     It had two parts:  (1) that he was evacuated out of
country never to return to the unit.  Hence, it was out of sight out of
mind, and (2) was during this period other awards took precedence and he
believes his was put on a later to do list that never got accomplished.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.
He also provides additional documents which were unavailable for review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1969, the date of his release from active duty (AD).
The application submitted in this case is dated 13 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 military records show he was inducted on 19 September
1967, as a light weapons infantryman (11B).  He served in Vietnam from
5 March 1968 to 24 September 1968.  He was promoted to private first class
(PFC/E-3) effective 13 March 1968.  He continued to serve until he was
honorably released from AD on 30 June 1969.  He was transferred to the Army
Reserve where he continued to serve until honorably discharged on
1 September 1973.




4.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service
Medal with one bronze service star, the Republic of Vietnam Campaign Medal,
the Sharpshooter Marksmanship Qualification Badge with rifle, the National
Defense Service Medal, the Combat Infantryman Badge, and the Purple Heart.
His DD Form 214 does not show any additional awards.

5.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Bronze Star Medal.  There also is no evidence
in his records that he was recommended for award of the Bronze Star Medal.
His DA Form 20 (Enlisted Qualification Record) does not list the Bronze
Star Medal in item 41 (Awards and Decorations).

6.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry
"EXC" (Excellent) for his conduct and efficiency.

7.  There is no evidence of derogatory information contained in the
available records.  There is no evidence the applicant was subjected to non-
judicial punishment or courts-martial and that his commanders took action
to deny him award of the Army Good Conduct Medal.

8.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  Section 1130, Title 10, United States Code provides
that the Service concerned will review a proposal for the award of, or
upgrading of, a decoration that would not otherwise be authorized to be
awarded based upon time limitations previously established by law.
Requests for consideration of awards should be supported by sworn
affidavits, eyewitness statements, certificates and related documents.
Corroborating evidence is best provided by commanders, leaders and fellow
comrades who had personal knowledge of the circumstances and events
relative to the request.  A request for award not previously submitted in a
timely fashion will only be considered under this provision if the request
has been referred to the Service Secretary from a Member of Congress.  The
applicant has been notified by separate correspondence of the procedure for
applying for award of the Bronze Star Medal under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

9.  Army Regulation 600-8-22 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.
10.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, by Department of the Army General Orders (DAGO) Number 21,
dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by DAGO Number 48, dated 1971, while he was assigned to
the unit.

11.  Army Regulation 600-8-22 shows that while the applicant was assigned
to Vietnam he participated in three campaigns.  The regulation also
provides that a bronze service star is authorized for the Vietnam Service
Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 19 September 1967 to 30 June 1969 based on completion of a
period of qualifying military service.  Therefore, he is entitled to
correction of his records to show this award.

2.  The applicant's 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 Unit Citation at the time he was a member
of the unit.  Therefore, he is entitled to correction of his records to
show these unit awards.

3.  The applicant's DD Form 214 shows that he was awarded one bronze
service star to be affixed to his Vietnam Service Medal.  However, he
participated in three campaigns and he is therefore entitled to three
bronze service stars to be affixed to the already awarded Vietnam Service
Medal.

BOARD VOTE:

___T____  ____EM_  ___CD___  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 to show award of the first award of the
Good Conduct Medal, for the period 19 September 1967 to 30 June 1969; and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Vietnam Service Medal, with three bronze service stars.




                                  ____Marla J. N. Troup_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002654                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690630                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 5                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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