RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011444


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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, award of the Bronze Star Medal set
and certificate.

2.  The applicant states, in effect that he never applied for the Bronze
Star Medal he was entitled to for service in the Republic of Vietnam.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 August 1968.  The application submitted in this case
is dated
5 August 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 Board noted the applicant's request for award of the Bronze Star
Medal.  The applicant's DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) does not list the Bronze Star Medal as an
authorized award.  There is no evidence that he was awarded or was
recommended for award of the Bronze Star Medal.  The applicant has not
exhausted the administrative remedy available to him under the provisions
of Section 1130, Title 10, United States Code.  He has been notified by
separate correspondence regarding submission of a recommendation for award
of the Bronze Star Medal under this provision of law.  As a result, award
of the Bronze Medal requested by the applicant is not discussed further in
these Proceedings.

4.  The applicant's record shows that he was inducted in the Army of the
United States on 23 September 1966.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 05C (Communications Center Operator).  The highest grade
held was Specialist Four (SP4)/pay grade E-4.
5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he served in the Republic of Vietnam (RVN) from 25 August 1967 through
24 August 1968 and during this period he was assigned to the 43rd Signal
Battalion, performing duties in MOS 05C, Radio Telephone Operator.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  the
National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the
RVN Campaign Medal with “60” Device, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

7.  On 20 August 1968, the applicant was honorably released after
completing 1 year, 10 months, and 28 days of active military service.  The
applicant’s DD Form 214 shows he was additionally awarded one overseas
service bar during his active duty tenure.

8.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

9.  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 unit to which the applicant
was assigned, the 43rd Signal Battalion, was cited for award of two
Meritorious Unit Commendations for the period 1 April 1967 to 31 May 1968
by Department of the Army General Orders Number 73, dated 1968 and for the
period 1 June 1968 to 28 February 1970 by Department of the Army General
Orders Number 24, dated 1972.

10.  Department of the Army Pamphlet 672-3 shows the unit to which the
applicant was assigned, the 43rd Signal Battalion, was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 20 July 1965 to 28 March 1973 by Department of the Army General
Orders Number 8, dated 1974.

11.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.  It
states, in pertinent part, that one bronze service star is authorized with
this award for each RVN campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and
it shows that during his tenure of assignment, the applicant was credited
with participating in the
Vietnam Counteroffensive Phase III Campaign, the Vietnam Counteroffensive
Phase IV Campaign, the TET Counteroffensive Campaign, and the Vietnam
Counteroffensive Phase V Campaign.
12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his tour in Vietnam.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.

13.  The applicant's DD Form 214 does not show award of the Army Good
Conduct Medal during the period from 23 September 1966 through 20 August
1968.  The applicant's DA Form 20 shows that his conduct and efficiency
were rated as "excellent."  A review of the applicant's service record
shows no derogatory information that would disqualify him for the first
award of the Army Good Conduct Medal.

14.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Army 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.

15.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that an oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Meritorious Unit
Commendation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms that the applicant served honorably during
the period from 23 September 1966 through 20 August 1968.  Lacking any
derogatory information on file that would have disqualified him, it would
be appropriate to award the applicant the first award of the Army Good
Conduct Medal based on completion of qualifying service ending with
termination of a period of Federal military service.  Therefore, he is
entitled to correction of his records to show award of the Army Good
Conduct Medal for the period
23 September 1966 through 20 August 1968.
2.  General Orders Number 73, dated 1968 and General Orders Number 24,
dated 1972, show the applicant’s unit was awarded two Meritorious Unit
Commendations, which are not shown on his separation document.  Therefore,
he is entitled to correction of his records to show these awards.

3.  General Orders Number 8, dated 1974, show the applicant’s unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

4.  Records show the applicant participated in four campaigns during his
service in Vietnam.  Therefore, he is entitled to correction of his record
to show award of four bronze service stars affixed to his already-awarded
Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 August 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 August 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the relief being granted.

BOARD VOTE:

___JEA__  ___SWF_  __RSV __  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 Army Good Conduct Medal for the period 23 September
1966 through 20 August 1968; and

      b.  showing award of the  Army Good Conduct Medal, 4 bronze service
stars to be affixed to his already-awarded Vietnam Service Medal, the
Meritorious Unit Commendation with 1st oak leaf cluster, and the Republic
of Vietnam Gallantry Cross with Unit Palm Citation.




                                      __James E. Anderholm_____
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20060011444                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/06                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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