RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060007228


      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. John J. Wendland, Jr.         |     |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, in effect, correction of his discharge document
to show award of the Bronze Star Medal and the Army Commendation Medal with
"V" device for heroism and an oak leaf cluster.

2.  The applicant states, in effect, he wants his discharge document
corrected so that it accurately reflects all of the awards and decorations
he earned during his military service.  He also states, in effect, that he
would like his Bronze Star Medal award order corrected to reflect the
correct spelling of his last name.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
23 July 1971; Headquarters, 25th Infantry Division (Vietnam), General
Orders Number 10571, dated 26 October 1970; Headquarters, 25th Infantry
Division, General Orders Number 7520, dated 7 July 1970; and Headquarters,
25th Infantry Division, General Orders Number 8147, dated 25 July 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 July 1971, the date of his release from active duty.  The
application submitted in this case is dated 8 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's military service records show that he was inducted into
the U.S. Army on 25 July 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show he was assigned to
Company E, 2nd Battalion, 27th Infantry, 25th Infantry Division in Vietnam
from 13 January 1970 through 12 November 1970.  He was honorably released
from active duty, on 23 July 1971 after serving a total of 1 year, 11
months, and 29 days.
5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 5
January 1970 through 13 November 1970.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Winter-Spring 1970 and
an unnamed campaign.

6.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant
was authorized the National Defense Service Medal, Bronze Star Medal, Air
Medal, Army Commendation Medal with "V" device and 1st Oak Leaf Cluster,
Combat Infantryman Badge, Republic of Vietnam Campaign Medal with "1960"
device, Vietnam Service Medal, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, Expert Marksmanship Qualification Badge
with (M-14) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-
16) Rifle Bar, and 1 Overseas Service Bar.

7.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 1 (Last Name-First Name-Middle Name) the entry "G__FF__,
D_____ A___ and Item 3 (Social Security Number) contains the entry "###-##-
0324."
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the document shows that he was awarded
the National Defense Service Medal, Republic of Vietnam Campaign Medal with
"1960" device, Vietnam Service Medal with 2 bronze service stars, Expert
Marksmanship Qualification Badge with (M-14) Rifle Bar, Marksman
Marksmanship Qualification Badge with (M-16) Rifle Bar, and 1 Overseas
Service Bar.

8.  The applicant's records contain a copy of Headquarters, 25th Infantry
Division (Vietnam), General Orders Number 10571, dated 26 October 1970,
that show, in pertinent part, that "G_GG__, D_____ A. ###-##-0324", was
awarded the Bronze Star Medal for meritorious service in connection with
military operations against a hostile force in the Republic of Vietnam from
January 1970 to November 1970.

9.  The applicant's records contain a copy of Headquarters, 25th Infantry
Division (Vietnam), General Orders Number 7520, dated 7 July 1970, that
show, in pertinent part, the applicant was awarded the Army Commendation
Medal with "V" device for heroism in connection with military operations
against a hostile force in the Republic of Vietnam on 21 June 1970.

10.  The applicant's records contain a copy of Headquarters, 25th Infantry
Division (Vietnam), General Orders Number 8147, dated 25 July 1970, that
show, in pertinent part, the applicant was awarded the Army Commendation
Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with
military operations against a hostile force in the Republic of Vietnam from
1 May 1970 to 30 June 1970.

11.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

12.  The applicant's records contain a copy of Headquarters, 25th Infantry
Division (Vietnam), General Orders Number 9190, dated 25 August 1970, that
show, in pertinent part, the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight in the
Republic of Vietnam from
6 April 1970 to 28 July 1970.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  His records do not contain any adverse information and
he received conduct and efficiency ratings of “excellent” throughout his
service.  There is no evidence the applicant was disqualified by his chain
of command from receiving the Good Conduct Medal.

14.  The applicant's records contain a copy of Headquarters, 25th Infantry
Division (Vietnam), General Orders Number 160, dated 9 June 1970, that show
the applicant was awarded the Combat Infantryman Badge on 13 April 1970.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Winter-Spring 1970, Department of the
Army Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII; a
total of 3 campaigns.

16.  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 of the
applicant's assignment to Company E, 2nd Battalion, 27th Infantry Regiment,
the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 5
(1970).  This document also shows that, at the time of the applicant's
assignment, the unit was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation by Headquarters, Department
of the Army, General Orders Number 51 (1971).

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.
18.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
“V” device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze “V” device in conjunction with awards of the Army
Commendation Medal, Air Medal, and Bronze Star Medal.  This Army regulation
also states, in pertinent part, that an oak leaf cluster is awarded to
denote the second and each succeeding award of certain decorations, among
which is the Army Commendation Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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 Military Awards Branch, U.S. Army Human Resources Command,
Alexandria, Virginia, has advised, in similar cases, that during the
Vietnam era the Combat Infantryman Badge was awarded only to enlisted
Soldiers who held and served in MOS 11B, 11C, 11F, 11G or 11H.

23.  Army Regulation 600-8-22 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.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

24.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

25.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his discharge document should be corrected to
show award of the Bronze Star Medal and two awards of the Army Commendation
Medal (i.e., the Army Commendation Medal with "V" device for heroism and an
oak leaf cluster).  He also contends, in effect, that his Bronze Star Medal
award orders should be corrected to reflect the correct spelling of his
last name.

2.  The evidence of record shows that the applicant was awarded the Bronze
Star Medal for meritorious service in connection with military operations
against a hostile force in the Republic of Vietnam from January 1970 to
November 1970.
However, the General Orders awarding the applicant the Bronze Star Medal
show that his last name is misspelled in the standard name line of the
orders.  Therefore, it would be appropriate to amend the orders to correct
the applicant's name and also correct the applicant's DD Form 214 to show
this award.

3.  General Orders awarded the applicant the Army Commendation Medal with
"V" device for heroism in connection with military operations against a
hostile force in the Republic of Vietnam on 21 June 1970.  In addition,
General Orders awarded the applicant the Army Commendation Medal (1st Oak
Leaf Cluster) for meritorious achievement in connection with military
operations against a hostile force in the Republic of Vietnam from 1 May
1970 to 30 June 1970.  Therefore, the applicant is entitled to correction
of his records to show award of the Army Commendation Medal with "V" device
and 1st Oak Leaf Cluster.
4.  General Orders awarded the applicant the Air Medal for meritorious
achievement while participating in aerial flight in the Republic of Vietnam
from
6 April 1970 to 28 July 1970.  Therefore, he is entitled to correction of
his records to show this award.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 25 July 1969 through 23 July 1971 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

6.  Special Orders awarded the applicant the Combat Infantryman Badge.
Therefore, he is entitled to correction of his records to show this badge.

7.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 3
bronze service stars to be affixed to his Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

9.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
22 July 1974.  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:

      a.  amending the applicant's Bronze Star Medal award orders to
reflect his correct name;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct efficiency, and fidelity during the period 25 July 1969 through 23
July 1971;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal
with
2 bronze service stars; and

      d.  correcting his DD Form 214 to add the Bronze Star Medal, Air
Medal,
Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Good
Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with
3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




                            ____Bernard P. Ingold_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007228                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710723                                |
|DISCHARGE AUTHORITY     |AR 635-200,Chapter 2, Section VI        |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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