RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060014031


      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:

The applicant requests, in effect, that his personnel records be corrected
to show award of the Air Medal, the Good Conduct Medal (GCM), the Republic
of Vietnam (RVN) Service Medal with three bronze service stars, the RVN
Campaign Medal, and the RVN Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that his awards were left off his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) when he left the RVN.

3.  The applicant provided 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 which
occurred on 10 February 1969 the date he was placed on the Temporary
Disability Retired List (TDRL).  The application submitted in this case is
dated 25 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 applicant requested correction of his records to show award of the
Air Medal.  There is no order or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal under
the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in this Record of Proceedings.

4.  The applicant's record shows he was inducted into the Army of the
United States on 12 September 1967.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he
attained while serving on active duty was Private First Class (PFC), pay
grade E-3.
5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 26 February 1968 through
9 September 1968, and that during his RVN tour he was assigned to the 1st
Battalion, 7th Cavalry Regiment, performing duties in MOS 11B, Rifleman.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the National Defense Service Medal, the Combat Infantryman
Badge, the Vietnam Service Medal, the RVNCM with “60” Device, the Purple
Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-
14), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
(M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar (M-16).

7.  On 10 February 1969, the applicant was placed on the TDRL after
completing a total of 1 year, 4 months, and 29 days of active military
service.

8.  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.

9.  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.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he was awarded the Vietnam Service Medal.  However, his DA Form
214 does not show award of bronze service stars for campaign credit.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the TET
Counteroffensive; the Vietnam Counteroffensive, Phase IV campaign; and the
Vietnam
Counteroffensive, Phase V campaign.  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.


12.  Department of the Army Pamphlet 672-3 also shows the unit to which the
applicant was assigned, the 1st Battalion, 7th Calvary Regiment was cited
for award of the Vietnam Gallantry Cross with Palm Unit Citation for the
period 17 November 1965 to 19 May 1969 by Department of the Army General
Orders Number 70, dated 1969.

13.  Item 24 of the applicant’s DD Form 214 shows that he was awarded the
RVNCM with “60” Device; therefore, it will not be discussed further in this
Record of Proceedings.

14.  A review of the applicant’s records indicates entitlement to an
additional award and decoration that is not shown on his DD Form 214.

15.  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 that he is entitled to award of the GCM, the VSM
with three bronze service stars, the RVNCM, and the RVN Gallantry Cross
with Palm Unit Citation.

2.  Evidence of record confirms that the applicant served honorably during
the period from 12 September 1967 through 10 February 1969.  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.

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

4.  General Orders show the applicant's unit was awarded the RVN 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.

5.  Records show that the applicant was awarded the RVNCM with “60” Device
and it was shown on his separation documents.  Therefore, no correction is
required to his records.

6.  Records show the applicant completed one period of qualifying active
federal service in the Republic Vietnam.  Therefore, he is eligible for
award of one overseas service bar.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 February 1972.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

___LDS__  ___JCR _  ___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’s DD Form 214, dated 12 February 1969, be corrected by awarding
the GCM for the period of 12 September 1967 through 10 February 1969,
affixing three bronze service stars to his already-awarded VSM, awarding
the RVN Gallantry Cross with Palm Unit Citation, and awarding one overseas
service bar.




                              __Linda D. Simmons_
                                      CHAIRPERSON
INDEX

|CASE ID                 |AR20060014031                           |
|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                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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