RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      17 October 2006
      DOCKET NUMBER:  AR20060003735


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that he be awarded the Valorous Unit Award and
the Meritorious Unit Commendation and that these unit awards be added to
his DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he just reviewed the awards
manual and discovered that he was entitled to these unit awards.

3.  The applicant provides no additional documents in support of his
application to the Board.  In his application, the applicant stated he had
attached a copy of the said awards and had underlined the unit to which he
was assigned; however, these documents were not appended to the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 May 1969.  The application submitted in this case is
dated 3 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’s record shows that he was inducted into the Army of the
United States on 21 October 1966.  He was honorably discharge on 24 October
1966 for the purpose of enlisting in the Regular Army.

4.  The applicant enlisted in the Regular Army for 3 years on 25 October
1966.  Following completion of basic combat training at Fort Bragg, North
Carolina, he completed advanced individual training at Aberdeen Proving
Ground, Maryland, and was awarded the primary military occupational
specialty 45C, Field Artillery Repairman.

5.  The applicant served in Vietnam from 1 September 1967 through 28 May
1969, with the 588th Maintenance Company (Direct Support), US Army Support
Command, DaNang.

6.  The applicant was honorably released from active duty, on 29 May 1969,
under the provisions of Army Regulation (AR) 635-200, as an overseas
returnee, prior to the expiration of his term of service.  He was separated
in the rank/pay grade, Specialist Five/E-5.  On the date he was released
from active duty, he had completed 2 years, 7 months, and 6 days of active
military service, with no evidence of any lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and three
overseas service bars.  The Valorous Unit Award and the Meritorious Unit
Commendation are not shown on his DD Form 214.

8.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline or a breach of
good order while he served on active duty.  There is no entry in Item 42
(Remarks), of the applicant's DA Form 20, Enlisted Qualification Record, to
indicate that he was disqualified from award of the Good Conduct Medal.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968;
and the Vietnam Counteroffensive, Phase IV, which extended from 2 April
through 30 June 1968.

11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit the applicant
was assigned to was awarded the Meritorious Unit Commendation, for the
period 28 December 1968 through 28 February 1970, by Department of the Army
General Order (DAGO) Number 52, dated 1974.

12.  The applicant's unit, a subordinate unit of the United States Army
Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit
Citation, for the period 20 July 1965 to 28 March 1973, in DAGO Number 8,
dated 1974.

13.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], in paragraph 9, Special Orders 18,
published by Headquarters, 80th Ordnance Battalion (Ammunition) (Direct
Support), Fort Lewis, Washington, on 19 May 1967.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  AR 672-5-1, in effect at the time of the applicant's separation
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.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character)
and efficiency ratings must be recorded as "Excellent" except that ratings
of "Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  DA Pamphlet 672-3 was searched to determine if the applicant's unit had
been awarded the Valorous Unit Award and the Meritorious Unit Commendation
as he contends.  This search established that the unit was awarded the
Meritorious Unit Commendation, but verification that the unit is entitled
to the
Valorous Unit Awards was not made.  Therefore, based on the evidence in
this case, the applicant is not entitled to have the Valorous Unit Award
added to his DD Form 214.

2.  Based on the evidence in this case, the applicant is entitled to have
the Meritorious Unit Commendation added to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 21
October 1966 through 29 May 1969, and to have this award added to his DD
Form 214.

4.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar.  This qualification badge is not shown on his DD
Form 214.  He is entitled to have it added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 May 1972.  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:

________  ________  ________  GRANT FULL RELIEF

__J_____  __PF____  ___RCH_  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 be corrected by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars to be affixed to his Vietnam Service Medal, to denote
his participation in three campaigns while he served in Vietnam, and to be
shown on his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period
21 October 1966 through 29 May 1969;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Meritorious Unit Commendation, and adding
these unit awards to his DD Form 214; and

      e.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar, to the applicant's DD Form 214.

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
award of the Valorous Unit Award and its addition to his DD Form 214.




                            _____John T. Meixell____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003735                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  80                  |107.0034                                |
|3.  79                  |107.0033                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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