RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 August 2007
      DOCKET NUMBER:  AR20070002238


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Flemings          |     |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 Bronze Star Medal (BSM) and
Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (2nd Award) be
added to the list of awards contained in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his 26 May 1970 separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the BSM and the ARCOM
with 1st Oak Leaf Cluster while serving on active duty; however, these
awards were not included on his separation document.

3.  The applicant provides the following documents in support of his
application: a DD Form 214; and orders for award of the ARCOM, the ARCOM
with "V" (Valor) Device and the BSM with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 May 1970, the date of his discharge.  The application
submitted in this case is dated 30 January 2007.

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's record shows he was inducted into the Army and entered
active duty on 22 July 1968.  He was trained in and awarded military
occupational specialty (MOS) 13B (Field Artillery Crewman), and sergeant
(SGT) was the highest rank he attained while serving on active duty.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 15 December 1968 through 15
December 1969.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Battery B, 1st Battalion, 8th Artillery Regiment,
performing duties in MOS 13B as a cannoneer and gunner.  Item 38 also shows
he received no less than "Excellent" conduct and efficiency ratings at all
of his active duty assignments.
5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 25th Infantry Division General Orders Number 4455, dated
31 March 1969, which awarded him the ARCOM with "V" Device for heroism in
action on 3 March 1969.  It also contains Headquarters, 25th Infantry
Division General Orders Number 12285, which awarded him the ARCOM for
meritorious service during the period December 1968 to December 1969.

6.  The applicant's MPRJ also contains Headquarters, 6th Armored Cavalry
Regiment, Fort George G. Meade, Maryland, Special Orders Number 56, dated
9 March 1970, which awarded him the Expert Marksmanship Qualification Badge
with Rifle Bar.  His MPRJ is also void of any derogatory information or a
unit commander disqualification that would have precluded him from
receiving the Army Good Conduct Medal (AGCM).

7.  On 26 May 1970, the applicant was honorably separated after completing
1 year, 10 months and 5 days of active military service.  Item 24 of the DD
Form 214 he was issued shows he earned the following awards during his
active duty tenure:  National Defense Service Medal; Vietnam Service Medal;
RVN Campaign Medal with 60 Device; ARCOM with "V" Device; and 2 Overseas
Service Bars.

8.  The applicant provides a copy of Headquarters, 25th Infantry Division
General Orders Number 9426, dated 18 July 1969, which awarded him the BSM
with "V" Device for heroism in action in the RVN on 20 June 1969.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the Vietnam Service Medal.  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.

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.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 8th Artillery
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.  It also shows that
during the period of his assignment, participation credit was granted for
the Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam
Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to add the
BSM with "V" Device and ARCOM with 1st Oak Leaf Cluster (2nd Award) and "V"
Device to the list of awards contained on his DD Form 214 was carefully
considered and found to have merit.

2.  The applicant's record contains orders awarding him the ARCOM with "V"
Device for heroism in the RVN on 3 March 1969 and the ARCOM for meritorious
service between December 1968 and December 1969; and he provides a copy of
orders confirming he was awarded the BSM with "V" Device for heroism in the
RVN on 20 June 1969.  Therefore, it would be appropriate to add these
awards to the list contained in Item 24 of his DD Form 214.

3.  The applicant's record also confirms 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 unit commander disqualification that
would preclude him from receiving the AGCM.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 22 July 1968 through 26 May
1970.

4.  The evidence of record also includes order confirming the applicant
qualified as an expert with the M-14 rifle and was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar on 9 March 1970.  It also
shows that based on his RVN service and campaign participation, he is
entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation, and 4 bronze service stars
with his Vietnam Service Medal.  Therefore, it would also be appropriate to
add these awards to his record and separation document at this time.

BOARD VOTE:

___LDS _  __EIF___  __RJF __  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 22 July 1968
through 26 May 1970; by amending Item 24 of his DD Form 214 by deleting the
current list of awards and replacing it with the entry "Bronze Star Medal
with "V" Device, Army Commendation Medal with 1st Oak Leaf Cluster (2nd
Award) with "V" Device, Army Good Conduct Medal, National Defense Service
Medal, Vietnam Service Medal with 4 bronze service stars, Republic of
Vietnam Campaign Medal with 1960 Device, Expert Marksmanship Qualification
Badge with Rifle Bar, and
2 Overseas Service Bars"; and by providing him a correction to his
separation document that includes these changes.




                            _____Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002238                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/05/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early School Release                    |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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