RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006433


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 his records be corrected to show the Army
Good Conduct Medal (AGCM).

2.  The applicant states, in effect, that he served three years in the
Republic of Vietnam and he was never awarded the AGCM.  Also, he was
awarded the Purple Heart for a wound he received in the Republic of Vietnam
but he never received the Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 August 1966, the date of his release from active duty.  The
application submitted in this case is dated 27 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.  Medal sets for approved awards can be requested through the Defense
Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.

4.  The applicant's records show that he entered active duty on 13
September 1962.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty 111.10
(Infantry).







5.  He served as an 11B4O (Light Weapons Infantryman) with the 114th
Aviation Company in the Republic of Vietnam during the period 5 December
1964 to  
22 February 1965.  Also, he served with Company A, 2nd Battalion, 18th
Infantry Division during the period 5 September 1965 to 9 July 1966.

6.  He further served with Headquarters and Headquarters Company, 1st
Infantry Division during the period 10 July 1966 to 6 August 1966.  He was
honorably released from active duty after serving 3 years, 11 months, and 1
day of active service.

7.  Item 26 (Decorations Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) shows the award of the Marksmanship
Badge with Machinegun Bar; Silver Star; Vietnam Campaign Medal; Purple
Heart; National Defense Service Medal; Combat Infantryman Badge; and Air
Medal.  However, there is no entry for the AGCM.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time when
the service member was discharged, required that throughout a qualifying
period of service for award of the Good Conduct Medal the enlisted person
must have had all “excellent” conduct and efficiency ratings and no
convictions by a court-martial.  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.  With the publication of the new Army
Regulation 672-5-1, in 1974, the requirement for all excellent conduct and
efficiency ratings was dropped and an individual was required to show that
he/she willingly complied with the demands of the military environment, had
been loyal and obedient, and faithfully supported the goals of his
organization and the Army.  Today, Army Regulation 600-8-22, which replaced
Army Regulation 672-5-1, notes that there is no automatic entitlement to
the Army Good Conduct Medal and disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.

9.  Records show the applicant is entitled to additional awards.

10.  Headquarters, U.S. Army Support Command, Vietnam General Orders Number
422, dated 17 March 1965, shows that the applicant was awarded the Air
Medal with First Oak Leaf Cluster.





11.  Headquarters, U.S. Army Support Command, Vietnam Letter of Instruction
with the subject Foreign Award, dated 1 August 1966, shows that the
applicant was awarded the Republic of Vietnam Gallantry Cross with Silver
Star for the period 30 June 1966 to 2 July 1966 by the Commanding General,
U.S. Army Vietnam, under the provisions of Department of the Defense
Directives 1005.3 and 1348.16, dated 22 January 1966.

12.  Headquarters, U.S. Army Support Command, Vietnam General Orders Number
1818, dated 15 August 1966, shows that the applicant was awarded the Bronze
Star Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after  
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in
or directly supporting military operations.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, Company A, 2nd Battalion, 18th Infantry
Division was cited for award of Republic of Vietnam Civil Actions Honor
Medal, First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965); Vietnam
Defense Campaign (8 March 1965 to 24 December 1965); Vietnam
Counteroffensive  
(25 December 65 to 30 June 1966); and the Vietnam Counteroffensive Phase II
(1 July 1966 to 31 May 1967).  This same regulation states that a bronze
service star will be awarded for wear on the Vietnam Service Medal for
participation in each campaign and that a silver service star is authorized
in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the AGCM and that he
did not receive the Purple Heart to which he is entitled.



2.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 13 September 1962 to 13 August 1966 based on
completion of a period of qualifying service of three years ending with the
termination of a period of Federal military service.  His records do not
contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.  Therefore he is entitled to
correction of his record to show this award.

3.  Orders show that the applicant was awarded the Air Medal with First Oak
Leaf Cluster.  Therefore, he is entitled to correction of his records to
show this award.

4.  Records show that the applicant was awarded the Republic of Vietnam
Gallantry Cross with Silver Star for the period 30 June 1966 to 2 July 1966
by the Commanding General, U.S. Army Vietnam, under the provisions of
Department of the Defense Directives 1005.3 and 1348.16, dated 22 January
1966. Therefore, he is entitled to correction of his records to show this
foreign award.

5.  Orders show that the applicant was awarded the Bronze Star Medal.
Therefore, he is entitled to correction of his records to show this award

6.  Records show that the applicant was entitled to award of the Vietnam
Service Medal, he participated in five campaigns during his service in the
Republic of Vietnam.  Therefore, the applicant is entitled for an award of
one silver service star to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 13 August 1966; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 12 August 1969.  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:

____bpi__  ___rdg__  ___eem_  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 showing the award of the AGCM first
award for the period 13 September 1962 to 13 August 1966; Air Medal with
First Oak Leaf Cluster; Bronze Star Medal; Republic of Vietnam Gallantry
Cross with Silver Star; and one silver service star to be affixed to the
award of the Vietnam Service Medal.




                            ________Bernard P. Ingold________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006433                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]