RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060004001


      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. Beverly A. Young              |     |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 the Army Good Conduct 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 with Palm, the Vietnam Service Medal with four bronze service
stars, the Valorous Unit Award, the Meritorious Unit Commendation, the
Presidential Unit Citation, the Air Medal with Numeral “4,” two Overseas
Service Bars, and all other awards to which he is entitled be added to item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons or Authorized) on his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

2.  The applicant states that these awards were omitted from his DD Form
214 when he left Vietnam and was separated from the service.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 9 June 1970.  The application submitted in this case is dated 13 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 requested correction of his records to show an award of
the Air Medal.  There are no orders or other evidence on file in his record
authorizing award of the Air Medal.  In the absence of a proper award
authority for this decoration, the applicant may request the Air Medal
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 and, as a result, the
Air Medal will not be discussed further in this Record of Proceedings.



4.  The applicant was inducted into the Army on 8 September 1967 and was
discharged on 13 September 1967.  He was enlisted in the Regular Army on
14 September 1967 for a period of three years.

5.  The applicant completed basic combat training at Fort Benning, Georgia
and was reassigned to Fort Sill, Oklahoma for advanced individual training
(AIT) in military occupational specialty (MOS) 13A (Field Artillery,
Basic).  He was reassigned to Fort Benning, Georgia for training in MOS 31B
(Field Radio Mechanic).

6.  Headquarters, The Student Brigade, U.S. Army Infantry School, Fort
Benning, Georgia Special Orders Number 60, dated 11 March 1968, awarded the
applicant primary MOS 31B.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record shows he
received a conduct rating of “excellent” and an efficiency rating of “good”
from 5 December 1967 through 1 April 1968 while assigned to the U.S. Army
Infantry School at Fort Benning, Georgia.

8.  He was assigned to Headquarters and Headquarters Company, 3rd
Battalion, 506th Infantry in Vietnam on 11 September 1968 as a field radio
mechanic in duty MOS 31B.

9.  The applicant departed Vietnam on 31 August 1969 and was credited with
participation in four campaigns.  He completed 11 months and 21 days of
foreign service.

10.  He was promoted to specialist five on 26 November 1969.  There is no
record of any disciplinary actions.

11.  The applicant was honorably released from active duty on 9 June 1970.
He completed 2 years, 8 months, and 26 days of active military service with
no days of lost time.

12.  His DD Form 214 shows he was awarded the Bronze Star Medal, the Army
Commendation Medal, the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




13.  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, at the time the applicant
was assigned to the 3rd Battalion, 506th Infantry, it was cited for award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders (DAGO) Number 43, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows that, at the time the
applicant was assigned to the 3rd Battalion, 506th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation by DAGO Number 48, dated 1971.  This document does not show
that this unit was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation with Palm.

15.  Department of the Army Pamphlet 672-3 shows the 3rd Battalion,
506th Infantry was cited for award of the Valorous Unit Award for actions
during the period 31 January 1968 to 25 February 1968.

16.  Department of the Army Pamphlet 672-3 does not show that the
applicant’s unit, the 3rd Battalion, 506th Infantry, was cited for award of
the Meritorious Unit Commendation or the Presidential Unit Citation.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry MOS.  They
must have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.  The Awards Branch of
the U.S. Army Human Resources Command has advised, in similar cases, that
during the Vietnam era the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Oversea Service Bar.  For Vietnam service,
one overseas service bar is authorized for each period of 6 months active
Federal service as a member of a U.S. Service in Vietnam from 1 July 1958
to 28 March 1973.  Both the month of arrival and the month of departure
from Vietnam are counted as whole months for credit toward the overseas
service bar.

19.  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 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

20.  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.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant has met the regulatory requirements for the
Army Good Conduct Medal for a qualifying period from 14 September 1967
through 9 June 1970.  His records do not show he received disciplinary
actions, he was promoted to specialist five, and he was awarded two
decorations.  Although his DA Form 20 shows he received an efficiency
rating of “good” for the period
5 December 1967 through 1 April 1968, he was in AIT at the time.  Although
the “good” entry does not specifically state it was an academic good, any
reasonable doubt should be resolved in the applicant’s favor.  It would be
appropriate to award him the Army Good Conduct Medal for the period
14 September 1967 through 9 June 1970.

2.  The applicant was awarded MOS 31B and served as a field radio mechanic
in Vietnam.  Therefore, he has not met the requirements for award of the
Combat Infantryman Badge.

3.  The applicant was assigned to a unit during a period it 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.  Therefore, these awards should be added to his DD Form 214 for
the period ending 9 June 1970.

4.  The applicant was not assigned to the 3rd Battalion, 506th Infantry
during the period it was cited for award of the Valorous Unit Award.
Therefore, there is no basis for adding the Valorous Unit Award to his DD
Form 214 for the period ending 9 June 1970.



5.  Department of the Army Pamphlet 672-3 does not show the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation with Palm, the
Meritorious Unit Commendation or the Presidential Unit Citation was awarded
to any unit of the 3rd Battalion, 506th Infantry for service in Vietnam.

6.  The applicant received credit for participation in four campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show he is entitled to four bronze service stars for wear on his Vietnam
Service Medal.

7.  The applicant served in Vietnam from 11 September 1968 to 31 August
1969. Therefore, he is authorized two Overseas Service Bars for service in
Vietnam.

8.  There is no evidence of record which indicates the applicant is
entitled to any additional awards.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 June 1973.  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

JA______  ML______  TR______  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.  awarding him the Army Good Conduct Medal for the period
14 September 1967 through 9 June 1970; and

      b.  adding the Army Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal
with four bronze service stars, and two Overseas Service Bars to his DD
Form 214 for the period ending 9 June 1970.

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 Combat Infantryman Badge, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation with Palm, the Valorous Unit
Award, the Meritorious Unit Commendation, and the Presidential Unit
Citation.




                            James Anderholm_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004001                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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