RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060005195


      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. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show
award of the Good Conduct Medal; three awards of the Army Commendation
Medal with “V” Device (correctly known as the Army Commendation Medal with
“V” Device with Second Oak Leaf Cluster); the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation; the Presidential Unit Citation; the
Meritorious Unit Commendation; and the Valorous Unit Award.  He also
requests award of all awards and decorations to which he may be entitled.


2.  The applicant states, in effect, these awards were left off of his
discharge document upon leaving Vietnam and the Army.

3.  The applicant provides a copy of his DD Form 214; a letter, dated 29
March 2006, from the National Personnel Records Center, St. Louis,
Missouri; orders for the Air Medal, three awards of the Army Commendation
Medal with “V” Device; the Bronze Star Medal, the Combat Infantryman Badge;
and a copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 November 1970.  The application submitted in this case is dated 3 April
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 was inducted on 23 January 1969.  He arrived in Vietnam
on
22 December 1969.  He served as an infantryman assigned to Company E, 2nd
Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 1
January 1970 through 23 November 1970.  On 24 November 1970, the applicant
was released from active duty in the rank of sergeant after completing 1
year, 10 months, and 2 days of creditable 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 Combat Infantryman Badge, the Army Commendation Medal with
First Oak Leaf Cluster, the Air Medal, and the Bronze Star Medal as
authorized awards.

5.  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.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
12569, dated 15 July 1970, show the applicant received the Army
Commendation Medal with “V” Device for heroism on 14 May 1970 in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
12570, dated 15 July 1970, show the applicant received the Army
Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism on
28 May 1970 in Vietnam.

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
19314, dated 6 November 1970, show the applicant received the Army
Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism on
19 October 1970 in Vietnam.

9.  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 was cited for
award of the Valorous Unit Award for actions during the period 1 May 1970
to 29 June 1970 based on Department of the Army General Orders Number 43,
dated 1972.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to one award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation (May 1969 to February 1970) based on Department of the Army
General Orders Number 11, dated 1973; and a second award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (21 February 1970 to 28
February 1971) based on Department of the Army General Orders Number 42,
dated 1972.

11.  Department of the Army Pamphlet 672-3 shows the applicant’s unit was
not cited for the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, the Presidential Unit Citation, or the Meritorious Unit
Commendation while he was assigned to it.
12.  The applicant participated in three campaigns during his assignment in
Vietnam.

13.  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.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Army
Commendation Medal.

15.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese Government as a unit award for meritorious
service.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation is awarded for extraordinary heroism in action.
A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

17.  Army Regulation 600-8-22, in pertinent part, states that effective 1
March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

18.  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.

19.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of sergeant with 22 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 23 January 1969 through 24 November 1970 based
on completion of a period of qualifying service ending with the termination
of a period of Federal military service.

2.  Orders show the applicant received three awards of the Army
Commendation Medal with “V Device.  Orders correctly show he received the
Army Commendation Medal with “V” Device and the Army Commendation Medal
with “V” Device with First Oak Leaf Cluster (Headquarters, 1st Cavalry
Division (Airmobile) General Orders Number 12570, dated 15 July 1970).

3.  However, Headquarters, 1st Cavalry Division (Airmobile) General Orders
Number 19314, dated 6 November 1970, which show the applicant received the
Army Commendation Medal with “V” Device (First Oak Leaf Cluster), are
incorrect and should be corrected to show the Army Commendation Medal with
“V” Device with Second Oak Leaf Cluster.  In addition, the applicant’s DD
Form 214 should be corrected to show the Army Commendation Medal with “V”
Device with Second Oak Leaf Cluster.

4.  The applicant’s unit was cited for award of the Valorous Unit Award
while he was assigned to it.

5.  The applicant's unit was awarded two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  However, his DD Form 214 should be corrected to show two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Department of the Army Pamphlet 672-3 shows the applicant's unit was
not cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Presidential Unit Citation, or the
Meritorious Unit Commendation while he was assigned to it.  Therefore,
there is insufficient evidence on which to base award of these unit awards.

7.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.
8.  Records show the applicant should have discovered the alleged errors
now under consideration on 24 November 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 23
November 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

JI______  _GP_____  __KJ____  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 first award of the Good Conduct Medal for the
period 23 January 1969 through 24 November 1970;

      b.  amending Headquarters, 1st Cavalry Division (Airmobile) General
Orders Number 19314, dated 6 November 1970, to show the applicant received
the Army Commendation Medal with “V” Device with Second Oak Leaf Cluster;
and

      c.  amending his DD Form 214 to add the Good Conduct Medal and the
Army Commendation Medal with “V” Device with Second Oak Leaf Cluster and to
show that he was awarded two awards of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Valorous Unit Award.

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 Republic of


Vietnam Civil Actions Honor Medal First Class Unit Citation, the
Presidential Unit Citation, or the Meritorious Unit Commendation.




                            ____John Infante______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005195                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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