RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007979


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 award of the Bronze Star Medal.

2.  The applicant states that he was issued the Bronze Star Medal, the
citation, and the award certificate on 19 March 1969; however, the medal
was lost and he would like a replacement.

3.  The applicant provides an award certificate and citation for the Bronze
Star Medal; and a letter, dated 17 May 2006, from the National Personnel
Records Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1969.  The application submitted in this case is
dated 22 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 1 December 1967.  He arrived in Vietnam
on 18 May 1968.  He served as a field radio mechanic assigned to
Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry in
Vietnam from
2 June 1968 through 19 July 1968.  He was assigned to Company C, 2nd
Battalion, 502nd Infantry in Vietnam from 20 July 1968 through 20 May 1969.
 On 28 November 1969, the applicant was released from active duty in the
temporary rank of specialist four after completing 1 year, 11 months, and
28 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal with two bronze
service stars, the Republic of Vietnam Campaign Medal with Device 1960, the
Army Commendation Medal, and the Combat Infantryman Badge as authorized
awards.

5.  Headquarters, 101st Airborne Division General Orders Number 2482, dated
19 March 1969, show the applicant received the Bronze Star Medal.

6.  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.

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 (2nd
Battalion, 502nd Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 48, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (2nd Battalion, 502nd Infantry) 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 48, dated 1971.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal.



2.  The applicant was separated in the temporary rank of specialist four
with almost 2 years 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 1 December 1967 through 28 November 1969 based
on completion of a period of qualifying service ending with the termination
of a period of Federal military service.

3.  The applicant's unit (2nd Battalion, 502nd Infantry) received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 28 November 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 27
November 1972.  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:

CG_____  __TR___  __PT____  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 him the first award of the Good Conduct Medal for the
period 1 December 1967 through 28 November 1969;








      b.  amending his DD Form 214 to add the Good Conduct Medal, the Bronze
Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation; and


      c.  issuing him the Bronze Star Medal.



                            ___Curtis Greenway_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007979                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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