RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060003681


      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. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 military records to show award
of the Bronze Star Medal.

2.  The applicant states the Bronze Star Medal is not listed on his DD Form
215 (Correction to DD Form 214 (Report of Transfer or Discharge)).

3.  The applicant provides an award certificate for the Bronze Star Medal;
a DD Form 214; and a DD Form 215.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 October 1968.  The application submitted in this case is
dated 2 March 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 enlisted on 28 October 1965 for a period of 3 years.  He
served as a light weapons infantryman in Vietnam from 26 June 1967 to 25
June 1968.  On 25 October 1968, the applicant was released from active duty
in the temporary rank of sergeant after serving 2 years, 11 months, and 28
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 Republic of Vietnam Campaign Medal with
Device 1960, the Parachutist Badge, the Army Commendation Medal, the Purple
Heart, and the Combat Infantryman Badge as authorized awards.

5.  Headquarters, 101st Air Cavalry Division General Orders Number 3730,
dated 18 July 1968, show the applicant received the Bronze Star Medal for
meritorious service during the period 8 July 1967 to 25 July 1968.

6.  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.

7.  A DD Form 215, dated 18 July 2003, amended the applicant’s DD Form 214
to show the Vietnam Service Medal with three bronze service stars, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Army Commendation Medal with “V” Device.

8.  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 Bronze Star Medal.

2.  The applicant was separated in the temporary rank of sergeant with
almost
3 years 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 28 October 1965 through 25 October
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 25 October 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 24
October 1971.  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:

JA_____  __ML____  __TR____  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 28 October 1965 through 25 October 1968; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Bronze Star Medal.



                            __James Anderholm_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003681                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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