RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060013543


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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 states, in effect, that his old DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) does not reflect all
of his military time of service nor does it show all of his awards.

2.  The applicant states, in effect, that his old DD Form 214 issued 16
December 1970 does not reflect his Army National Guard (ARNG) or the United
States Army Reserve (USAR) periods of service.  He furthers states, in
effect, that he was awarded 2 Bronze Stars, 2 Gallantry Crosses with Palm
Device (correctly known as: Republic of Vietnam Gallantry Cross Unit
Citation with Palm Device) and 4 Army Commendation Medals (ARCOM) that are
not annotated on his DD Form 214.

3.  The applicant a copy of his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 December 1970.  The application submitted in this case
is dated
12 September 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 two Bronze Star
Medals. The applicant's DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) does not list the Bronze Star Medals as an
authorized award.  There is no evidence that he was awarded or was
recommended for award of the Bronze Star Medals.  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 Medals under this provision of law.  As a result, award
of the Bronze Star Medals requested by the applicant is not discussed
further in these Proceedings.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
Transfer or Discharge) shows that he enlisted in the Regular Army on 13
June 1968.  He was awarded the military occupational specialty (MOS)
Infantry Indirect Fire Crewmen (11C).  He served a tour of duty in the
Republic of Vietnam (RVN) and was assigned to the 1st Battalion, 503rd
Infantry Regiment during the period 12 May 1969 through 15 December 1970.
The highest rank he attained while serving on this active duty tour was
Sergeant (E-5).

5.  On 16 December 1970, the applicant was transferred to the USAR Control
Group after completing a total of 2 years, 6 months, and 4 days of active
military service.

6.  Item 24 (Decorations, Medals, Commendations, Citations, and Campaign
Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that
the applicant earned the following awards while on active duty:  the
National Defense Service Medal (NDSM), the Parachutist Badge, the Combat
Infantryman Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam
Campaign Medal (RVNCM), the Army Commendation Medal (ARCOM), and 3 Overseas
Service Bars during his active duty tenure.

7.  On 11 September 1976, the applicant enlisted in the Illinois Army
National Guard (IARNG) and was assigned to the 1st Battalion, 123 Infantry,
performing duties in MOS 11B, (Rifleman).  The highest rank he attained
while serving on this tour was Sergeant (E-7).

8.  On 10 January 1985, the applicant was discharged from the IARNG to the
inactive National Guard after serving for a total of 9 years in the IARNG.


9.  Item 10b (Prior Reserve Component Service) of the applicant’s NGB Form
22 (National Guard Bureau Report of Separation and Record of Service) shows
that he served a total of 3 years, 5 months, and 26 dates in the USAR
during his military tenure.  Item 10c (Prior Active Federal Service) of the
applicant’s NGB Form 22 shows that he served 2 years, 6 months, and 4 days
on active duty during his military tenure.

10.  Item 15 (Decorations, Medals, Commendations, Badges, Commendations,
Citations, and Campaign Ribbons Awarded This Period) of the NGB Form 22
shows that the applicant was awarded the following awards:  2 Bronze Stars,
the VSM with 4 bronze service stars, the ARCOM with 3 oak leaf clusters,
the Army Service Ribbon, the Overseas Service Ribbon, the Non-Commissioned
Officer Professional Development Ribbon with the Numeral 3, the Illinois
Long and Honorable Service Medal, the Illinois Military Attendance Ribbon
with the Numeral 4, the Army Reserve Components Achievement Medal with 1
oak leaf cluster, and the Expert Marksmanship Qualification Badge with
Rifle Bar (M-16).

11.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he
participated in the TET 69 Counteroffensive Campaign, the Vietnam Summer-
Fall 1969 Campaign and an unnamed campaign.

12.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the RVNCM with “60” Device Parachutist Badge, and the Expert
Marksmanship Qualification Badge with Mortar Bar.

13.  General Orders Number 859, Headquarters, 173rd Airborne Brigade, dated
17 April 1970, shows that the applicant was awarded the ARCOM for
meritorious achievement from 12 May 1969 to 29 March 1970.

14.  General Orders Number 1232 Headquarters, 173rd Airborne Brigade, dated
29 May 1970, shows that the applicant was awarded the ARCOM for meritorious
service from May 1969 to May 1970.

15.  General Orders Number 2928, Headquarters, 173rd Airborne Brigade,
dated 8 November 1970, shows that the applicant was awarded the ARCOM w/
2nd oak leaf cluster for meritorious achievement from 17 May 1970 to 22
October 1970.

16.  Department of the Army Pamphlet 672-3 shows that at the time of the
applicant’s assignment to the 1st Battalion, 503rd Infantry Regiment, it
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Device for the period 5 May 1965 to 26 September 1970 by Department of the
Army General Orders Number 51, dated 1971.

17.  Department of the Army Pamphlet 672-3, in pertinent part, states that
only
1 RVN Gallantry Cross Unit Citation will be worn by any individual.
Although wear of multiple awards of this unit citation is not authorized,
official military personnel and historical records will indicate all awards
received.  In these instances, however, where a single unit received
duplicate Vietnamese unit awards during the same period only one will be
recorded in official military personnel and historical records.  Department
of the Army General Orders Number 8, 1974, announced award of the RVN
Gallantry Cross Unit Citation with Palm for service in Vietnam to the
following units:  Headquarters, United States Military Assistance Command
and its subordinate units during the period
8 February 1962 to 28 March 1973 and Headquarters, United States Army
Vietnam and its subordinate units during the period 20 July 1965 to 28
March 1973.

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

19.  The applicant's DD Form 214 does not show award of the Good Conduct
Medal.  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 Good Conduct Medal for the period from 13 June 1968 through 16
December 1970.

20.  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 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.

21.  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 TET 69 Counteroffensive Campaign, Vietnam Summer-
Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, the DA
Sanctuary Counteroffensive Campaign, and the Vietnam Counter Offensive
Phase VII.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five 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.  This
regulation also states that one silver service star will be worn instead of
five bronze service stars.

23.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant’s assignment to the 1st Battalion, 503th Infantry Regiment,
it was cited for award of the Republic of Vietnam Civil Actions Honor
Medal, First Class for the period 15 April 1969 to 16 March 1971 by
Department of the Army General Orders Number 5, dated 1973.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

25.  Army Regulation 635-5, in effect at that time, states, in pertinent
part, that all separations and immediate enlistment or reenlistments
accomplished between the date of entry on active duty and the date of
separation from active duty will be entered in the Remarks section of the
DD Form 214.

26.  Army Regulation 635-5 also states, in pertinent part, that a DD Form
214 is prepared for individuals at the termination of active duty by reason
of administrative separation, to include separation by reason of retirement
or expiration terms of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to awards of 4 ARCOMs, a RVN
Gallantry Cross with Palm Device and that his ARNG and USAR time added to
his DD Form 214.

2.  General Orders Number 859 shows that the applicant received the Army
Commendation Medal.  Therefore, he is entitled to have his records
corrected to show this award.

3.  General Orders Number 1232 shows that the applicant received the Army
Commendation Medal.  Therefore, he is entitled to have his records
corrected to show this award.

4.  General Orders Number 2928 shows that the applicant received the Army
Commendation Medal w/ 2nd oak leaf cluster.  Therefore, he is entitled to
have his records corrected to show this award.

5.  Evidence of record confirms that the applicant served honorably during
the period from 13 June 1968 through 16 December 1970.  Lacking any
derogatory information on file that would have disqualified him, it would
be appropriate to award the applicant the first award of the 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 Good Conduct Medal for the
period 13 June 1968 through
16 December 1970.

6.  General Orders Number 51, dated 1971, show that the 1st Battalion,
503rd Infantry Regiment was awarded RVN Gallantry Cross Unit Citation with
Palm Device which is not shown on his separation document.  Therefore, he
is entitled to correction of his records to this award.

7.  General Orders Number 8, dated 1974, show the 1st Battalion, 503rd
Infantry Regiment was awarded the RVN Gallantry Cross Unit Citation with
Palm Device was awarded during the same period covered in this DAGO.
Therefore, he is not entitled to correction of his records to show this
award.

8.  General Orders Number 5, dated 1973, show the 1st Battalion, 503rd
Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor
Medal, First Class which is not shown on his separation document.
Therefore, he is entitled to correction of his records to show this award.

9.  Records show the applicant participated in 5 campaigns during his
service in Vietnam.  Therefore, he is eligible for award of 1 silver
service star to be affixed to his already awarded VSM.

10.  Records show that the applicant earned the Expert Marksmanship
Qualification Badge with Mortar Bar.  Therefore, he is entitled to
correction of his records to show this award.

11.  Evidence shows that the dates the applicant served in the ARNG and
USAR occurred after his discharge from the active army duty on 16 December
1970.
There is no evidence in the applicant’s records that show he served on any
active duty tours after 16 December 1970.  Therefore, he is not entitled to
have his DD Form 214, dated 16 December 1970, corrected to add this
information.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 December 1973.  Although the applicant did not file
within the ABCMR’s statute of limitations, it is appropriate to waive
failure to timely file based on the fact there are no time limitations on
requests for these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS _  ___JCR _  ___SWF_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  deleting the VSM and adding the VSM w/ 1 silver star,


      b.  deleting the RVNCM and adding the RVNCM with “60” Device,


      c.  awarding the Army Commendation Medal with 2nd oak leaf cluster,
the Good Conduct Medal for the period 13 June 1968 through 16 December
1970, the RVN Gallantry Cross with Unit Citation with Palm Device, the RVN
Civil Actions Honor Medal, First Class, and the Expert Marksmanship
Qualification Badge with Mortar Bar.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the ARNG and USAR periods of service to the DD form 214, dated 16
December 1970.




                               ___Linda D. Simmons____
                                      CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20060013543                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/05                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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