RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060004017


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 award of the Medal of Honor and
the Silver Star.

2.  The applicant states that he was told by his company clerk that the
Medal of Honor paperwork was submitted with his Silver Star paperwork.  He
contends that he received the Silver Star but never received the Medal of
Honor.  He also points out that his DD Form 214 does not show the Silver
Star and he believes the administrative error occurred at the same time.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
19 September 1969.  The application submitted in this case is dated 1 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 award of the
Medal of Honor.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Medal of Honor
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, it
will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted into the Army on 12 December 1967.  He
served as a light weapons infantryman assigned to Company C, 1st Battalion,
8th Infantry of the 4th Infantry Division in Vietnam from 21 May 1968
through 20 May 1969.  On 19 September 1969, the applicant was released from
active duty in the temporary rank of sergeant after serving 1 year, 9
months, and 8 days of creditable active service with no time lost.
5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, and
the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

6.  Headquarters, 4th Infantry Division General Orders Number 909, dated
27 March 1969, show the applicant received the Army Commendation Medal.

7.  Headquarters, 4th Infantry Division General Orders Number 2147, dated
31 May 1969, show the applicant received the Air Medal.

8.  Headquarters, 4th Infantry Division General Orders Number 4003, dated
12 July 1969, show the applicant received the Silver Star for gallantry in
action on 5 March 1969.

9.  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.

10.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

12.  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 Army Commendation Medal, the Air
Medal, and the Silver Star.

2.  The applicant was separated in the temporary rank of sergeant with 21
months 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 12 December 1967 through 19 September
1969 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 19 September 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 18
September 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:

RD_____  ___DD___  ___LR__  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 12 December 1967 through 19 September 1969; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, the Army
Commendation Medal, the Air Medal, the Silver Star, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.



                            ___Richard Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004017                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0007                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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