RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      26 April 2007
      DOCKET NUMBER:  AR20060015927


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, that the Combat Infantryman Badge,
the Army Commendation Medal, and the National Defense Service Medal be
added to his DD Form 214, Armed Forces of the United States, Report of
Transfer or Discharge.

2.  The applicant states, in effect, that these awards were inadvertently
omitted from his DD Form 214.

3.  In support of his request, the applicant provides a copy of a letter
written to him by his former commander and the orders which award him the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 29 November 1965, the date he was released
from active duty.  The application submitted in this case is dated 3
November 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 limitation 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’s military records show that he was inducted into the
Army of the United States on 29 November 1963.  He completed his basic
combat and advanced individual training at Fort Gordon, Georgia.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 16 August
1965.  He was assigned to Company B, 1st Battalion, 7th Cavalry Regiment,
1st Cavalry Division.  The applicant served in Vietnam until 28 November
1965 when he returned to the United States to be released from active duty.

5.  The applicant was released from active duty on 29 November 1965, under
the provisions of Army Regulation (AR) 635-200.  He was released from
active duty in the rank and pay grade of Specialist Four, E-4, with 2 years
and 1 day active military service, with no lost time.  Item 32 (Remarks),
of the applicant's DD Form 214 shows he was retained in service 1 day for
the convenience of the Government.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the Vietnam Service Medal; the Expert Marksmanship Qualification
Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification
Badge, with Pistol (.45 Pistol) Bar.  The Army Commendation Medal, the
Combat Infantryman Badge, and the National Defense Service Medal are not
shown among his authorized awards.

7.  The applicant provided a copy of Special Orders 116, Paragraph 33,
prepared by Headquarters, 1st Cavalry Division (Airmobile), dated 25
October 1965, by which he was awarded the Combat Infantryman Badge.

8.  There are no orders in the applicant's service personnel records, and
the applicant provided none with his request to the Board, to show he was
awarded the Army Commendation Medal.  A search of the general orders
consolidation maintained by the Awards Branch, US Army Human Resources
Command, was made for such orders; however, this search failed to reveal
that such orders were published.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Army Commendation Medal.

10.  In the absence of a proper award authority for the Army Commendation
Medal, the applicant may request award of the Army Commendation 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 award under Section 1130 and, as a result, this award
will not be discussed further in this Record of Proceedings.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service star to which the
applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following
campaign:  the Vietnam Defense Campaign, which extended from 8 March
through 24 December 1965.

13.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 There is no entry in Item 42 (Remarks), of the applicant's DA Form 20, to
indicate that he was disqualified from award of the Good Conduct Medal.

14.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 14 through 16 November 1965, by Department of the Army
General Order (DAGO) Number 40, dated 1967 and the Presidential Unit
Citation, for the period 23 October through 26 November 1965, by DAGO 40,
dated 1967.  These unit awards are not shown on his DD Form 214.

15.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  Although there
is no automatic entitlement to the Good Conduct Medal, disqualification
must be justified.  To be eligible for award of the Good Conduct Medal,
Soldiers must meet all of the following criteria:  all conduct
(character) and efficiency ratings must be recorded as "Excellent" except
that ratings of "Unknown" for portions of the period under consideration
are not disqualifying.  Service school efficiency ratings based upon
academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

17.  AR 672-5-1 provides that the National Defense Service Medal is awarded
for honorable active service for any period between 27 July 1950 through 27
July 1954 and 1 January 1961 through 14 August 1974, inclusive.  This
regulation also provides that to signify a second award of the National
Defense Service Medal a bronze service star will be worn on the service
ribbon.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge in special
orders while he served in Vietnam.  He is entitled to have this award added
to his DD Form 214.

2.  The evidence shows the applicant served honorably on active duty during
one of the qualifying periods for award of the National Defense Service
Medal.  He is therefore entitled to award of the National Defense Service
Medal and to have this award added to his DD Form 214.

3.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Four, E-4, and earned the Combat Infantryman Badge, on
the battlefield in Vietnam.  Based on this excellent record of service, he
is eligible for award of the Good Conduct Medal for the period 29 November
1963 through 29 November 1965 and to have it added to his DD Form 214.

4.  The applicant participated in one campaign during his tour of duty in
Vietnam. He was awarded the Vietnam Service Medal.  He is therefore
entitled to award of one bronze service star to be affixed to his already-
awarded Vietnam Service Medal and to have it shown on his DD Form 214.

5.  The applicant served in a unit which was awarded the Presidential Unit
Citation and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, while he was a member of the unit.  Therefore, he is entitled to
these unit awards and to have them added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 November 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 November 1968.  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:

__D_____  ___WDP_  __WFC__  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one bronze
service star; and the National Defense Service Medal, and adding these
awards to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal, for the period
29 November 1963 through 29 November 1965, and adding this award to the
applicant's DD Form 214;

      d.  awarding the applicant the Presidential Unit Citation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214; and

      e.  adding the already-awarded Combat Infantryman Badge to the
applicant's DD Form 214.




                            _____William D. Powers___
                                      CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060015927                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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