RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 April 2007
      DOCKET NUMBER:  AR20060012788


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 Army Good Conduct Medal
(AGCM), Army Commendation Medal (ARCOM), and an additional bronze service
star to denote his participation in a total of 2 campaigns in the Republic
of Vietnam (RVN).

2.  The applicant states, in effect, he should receive the AGCM for his 3
years of active duty service because he received "Excellent" conduct and
efficiency ratings, and he is entitled to additional bronze service stars
based on his campaign participation credit for the year he served in the
RVN.  He also claims he was told he would be put in for the ARCOM.

3.  The applicant provides his separation document (DD Form 214), and
extract of his Enlisted Qualification Record (DA Form 20) and information
sheets on authorized RVN campaigns.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 July 1971, the date of his separation.  The application
submitted in this case is dated 30 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 applicant requests award of the ARCOM.  However, there are no
orders or other evidence on file in his Official Military Personnel File
(OMPF) that confirms he is entitled to this award.  In the absence of
authority for this award, he may request award of the ARCOM under the
provisions of Section 1130 of Title 10 of the United States Code (10 USC
1130).  The applicant has been notified by separate correspondence of the
procedures for applying for the award under this provision of the law.  As
a result, his request for award of the ARCOM will not be discussed further
in this Record of Proceedings.


4.  The applicant's record shows that he was initially inducted into the
Army and entered active duty on 8 July 1968.  On 14 July 1968, he was
honorably discharged for the purpose of enlisting in the Regular Army, and
on 15 July 1968, he enlisted in the RA and remained on active duty in that
status.  He was trained in, awarded and served in military occupational
specialty (MOS) 76S (Automotive Repair Parts Specialist), and the highest
rank he attained while serving on active duty was specialist five (SP5).

5.  The applicant's DA Form 20 shows that he served in Korea from 7 January
1969 through 8 February 1970 and in the RVN from 24 August 1970 through
7 July 1971.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to the 63rd Transportation Company through 28
February 1971 and to the 563rd Transportation Company from 1 March through
3 July 1971.  It also shows that he received "Excellent" conduct and
efficiency ratings at each of his active duty assignments.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the AGCM.

7.  On 7 July 1971, the applicant was honorably separated after completing
a total of 3 years of active military service.  The DD Form 214 issued to
him upon his separation shows that he held the rank of SP5 and that he had
earned the following awards during his active duty tenure:  National
Defense Service Medal; Vietnam Service Medal (VSM); Armed Forces
Expeditionary Medal (AFEM); and Expert Marksmanship Qualification Badge
with Rifle and Automatic Rifle
(M14 & M16) Bars.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  Table B-1 contains a list
of RVN campaigns and confirms that during the applicant's tenure of
assignment, campaign credit was granted for the Vietnam Counteroffensive
Phase VII and Consolidation I campaigns.

9.  Paragraph 2-20 of the awards regulation contains guidance on the Korea
Defense Service Medal (KDSM).  It states, in pertinent part, that it is
authorized for service in Korea from 28 July 1954 to a date to be
determined.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Paragraph 9-19 of the awards regulation contains guidance on award of
the Republic of Vietnam Campaign Medal with Device (1960).  It states, in
pertinent part, that this award is authorized for members who served in the
RVN for
6 months or more during the period 1 March 1961 through 28 March 1973.

12.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the AGCM and
additional campaign credit based on his active duty and RVN service was
carefully considered and found to have merit.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the AGCM for his qualifying 3-year period of
honorable active duty service from 8 July 1968 through 7 July 1971.

3.  The evidence of record confirms that based on the applicant’s service
and campaign participation in the RVN, he is entitled to the RVN Campaign
Medal with 1960 Device, RVN Gallantry Cross with Palm Unit Citation and 2
bronze service stars with his VSM.  It further confirms that based on his
service in Korea, he is entitled to the Korea Defense Service Medal.
Therefore, it would be appropriate to add these awards to his record and
separation document at this time.

BOARD VOTE:

__JTM __  __TMR__  __RMN _  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 awarding him the Army Good Conduct
Medal for his qualifying honorable active duty service from 8 July 1968
through 7 July 1971; by showing his entitlement to the Korea Defense
Service Medal, Republic of Vietnam Campaign Medal with 1960 Device,
Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze
service stars with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these changes.




                            _____John T. Meixell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012788                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/07/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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