RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060007875


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 Army Commendation Medal and Combat Medical Badge.

2.  The applicant states, in effect, that administrative personnel in his
unit failed to file the award documents in his military records.
Consequently, officials at the U.S. Army Separation and Transfer Center,
Fort Lewis, Washington, did not record his Army Commendation Medal and
Combat Medical Badge on his discharge document at the time he was separated
from the Army.

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
5 July 1968; DA Form 4980-14 (Army Commendation Medal) Certificate, dated
1 July 1968; Headquarters, 4th Infantry Division (Republic of Vietnam)
Certificate of Appreciation, undated; and DA Form 87 (Certificate of
Training), dated
27 January 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 July 1968, the date of his release from active duty.  The application
submitted in this case is dated 22 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's military service records show that he was inducted into
the U.S. Army on 1 September 1966.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 91A (Medical Corpsman).  He was
subsequently awarded MOS 91B (Medical Specialist) as his primary MOS.

4.  The applicant's military service records show that he was assigned to
Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry,
25th Infantry Division in Vietnam from 20 July 1967 through 30 June 1968.
He was honorably released from active duty on 5 July 1968 after completing
1 year, 10 months, and 5 days of active service.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 11
July 1967 through 1 July 1968.  Item 39 (Campaigns) of this document shows
that he participated in the Vietnam Counteroffensive Phase III campaign.

6.  Item 38 (Record of Assignments) of the DA Form 20 shows that, on 20
July 1967, the applicant was assigned to Headquarters and Headquarters
Company, 2nd Battalion, 35th Infantry, 25th Infantry Division in Vietnam
with principal duty as a medical specialist (Duty MOS 91B2O).  This
document also shows that the applicant continued to serve in Duty MOS 91B
in the unit until he redeployed to the continental United States on 1 July
1968.

7.  Item 41 (Awards and Decorations) of the DA Form 20 shows that the
applicant was authorized the National Defense Service Medal, Combat Medical
Badge, Republic of Vietnam Campaign Medal, Vietnam Service Medal,
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2
Overseas Service Bars.

8.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service
Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Army Commendation Medal.

10.  The applicant's military service records contain a copy of
Headquarters,
4th Infantry Division (Vietnam), Special Orders Number 355, dated 21
December 1967.  These orders show, in pertinent part, that the applicant
was awarded the Combat Medical Badge.

11.  In support of his application, the applicant provides a copy of his DD
Form 214; DA Form 4980-14; Headquarters, 4th Infantry Division (Vietnam)
Certificate of Appreciation; and DA Form 87.  These documents provide
evidence of the applicant's military service, training, and authorized
awards and decorations.  The DA Form 4980-14 shows that the applicant was
awarded the Army Commendation Medal Certificate for meritorious service in
the Republic of Vietnam during the period July 1967 to July 1968.  This
document also shows that it was signed by the brigadier general serving as
the acting commander of the 4th Infantry Division on 1 July 1968.  The
Certificate of Training shows that the applicant was awarded MOS 91A1O
(Medical Corpsman) on 27 January 1967 and the Certificate of Appreciation
shows that the applicant served loyally while a member of the 4th Infantry
Division in the Republic of Vietnam from
11 July 1967 to 2 July 1968.

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

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.  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 Counteroffensive Phase III, TET
Counteroffensive, and Vietnam Counteroffensive Phase IV; a total of
3 campaigns.

15.  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 Headquarters and Headquarters Company, 2nd
Battalion, 35th Infantry Regiment (Vietnam), the unit was cited for award
of the Valorous Unit Award by Headquarters, Department of the Army, General
Orders Number 43 (1972).
This document also shows that, at the time of the applicant's assignment,
the unit was cited for award of the Meritorious Unit Commendation by
Headquarters, Department of the Army, General Orders Number 17 (1969).

16.  Department of the Army Pamphlet 672-3 shows that at the time of the
applicant's assignment to Headquarters and Headquarters Company,
2nd Battalion, 35th Infantry Regiment (Vietnam), the unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 38 (1970), as
amended by Headquarters, Department of the Army, General Orders Number 60
(1970).   This document also shows that, at the time of the applicant's
assignment, the unit was awarded the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation by Headquarters, Department of the
Army, General Orders Number 53 (1970).

17.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy and the Soldier must have been personally present and under fire
during such ground combat.

19.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

20.  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 service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

22.  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.

23.  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.

24.  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.

25.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show award of the Army Commendation Medal and Combat
Medical Badge for his service in Vietnam.

2.  The evidence of record shows that, on 1 July 1968, the brigadier
general serving as Acting Commander, 4th Infantry Division (Vietnam)
approved an award of the Army Commendation Medal and issued The Army
Commendation Medal Certificate to the applicant for meritorious service in
the Republic of Vietnam during the period July 1967 to July 1968.
Therefore, the applicant is entitled to correction of his records to show
this award.

3.  Special Orders awarded the applicant the Combat Medical Badge.
Therefore, it would be appropriate to correct his records to show this
badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 1 September 1966 through 5 July 1968 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.

5.  The evidence of record shows 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.

6.  General Orders awarded the applicant's unit the Valorous Unit Award.
Therefore, it would be appropriate to correct his records to show this unit
award.

7.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

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 that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 July 1971.  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:

___JEA__  __JLP___  __SWF _  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 the applicant the Army Commendation Medal for
meritorious service in the Republic of Vietnam during the period July 1967
to July 1968;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 1 September 1966
through
5 July 1968;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Army Commendation Medal,
Good Conduct Medal, Combat Medical Badge, Vietnam Service Medal with
3 bronze service stars, Valorous Unit Award, Meritorious Unit Commendation,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 2 Overseas
Service Bars.




                            ____James E. Anderholm_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007875                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/01/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680705                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.113.0000                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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