RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060007197


      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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Republic of Vietnam Campaign
Medal with Device 1960, the Good Conduct Medal, the National Defense
Service Medal, two awards of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

2.  The applicant states that at the time of his discharge these awards
were not annotated on his DD Form 214.  He contends that his unit is
entitled to one award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation based on Department of the Army General Orders Number 21,
dated 1969 and one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation based on Department of the Army General Orders Number 8,
dated 1974.

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 January 1966.  The application submitted in this case is dated 4 May
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 13 January 1964.  He served as a cook
assigned to Battery B, 8th Battalion, 6th Artillery in Vietnam from 30
September 1965 to 8 January 1966.  On 9 January 1966, the applicant was
released from active duty.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.

6.  Records show nonjudicial punishment was imposed against the applicant
on three occasions for being absent without leave and using disrespectful
language. His DA Form 24 (Service Record) shows that he received conduct
and efficiency ratings of "Good" during the period 30 September 1965 to 4
January 1966.

7.  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 21, dated 1969.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to 28 March 1973.

9.  Department of the Army Pamphlet 672-3 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.

10.  The applicant participated in two campaigns during his assignment in
Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal with Device 1960.
 This medal was awarded by the Government of Vietnam to all members of the
Armed Forces of the United States for qualifying service in Vietnam during
the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.


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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

14.  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.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be recorded in
official personnel records.

15.  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.  The applicant did not serve a period of qualifying service for award of
the Republic of Vietnam Campaign Medal with Device 1960.

2.  There are no orders for the Good Conduct Medal in the available
records.  The applicant's military records show he received conduct and
efficiency ratings of "Good" during the period 30 September 1965 to 4
January 1966 which is a disqualifying factor for award of the Good Conduct
Medal.  Therefore, the applicant does not meet the eligibility criteria for
award of the Good Conduct Medal.

3.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

4.  Although the applicant is entitled to two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (one awarded to his
specific unit and one awarded to all units that served in Vietnam), the
governing regulation states that that when a single unit receives duplicate
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
during the same period, then only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation will be recorded in official
personnel records.  Therefore, his DD Form 214 should be corrected to show
one award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

5.  The applicant's unit received the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation while he was assigned to it.

6.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 January 1966; therefore, the time for the
applicant to file a request for correction of any error expired on 8
January 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:

________  ________  ________  GRANT FULL RELIEF

RD_____  __DD___  __LR____  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 amending his DD Form
214 to add the National Defense Service Medal, one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, one award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two
bronze service stars for wear on his already awarded Vietnam Service Medal.


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 Campaign Medal with Device 1960, the Good
Conduct Medal, and a second award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.



                            ____Richard Dunbar____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007197                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071207                                |
|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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