RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070004846


      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          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 Army Commendation Medal
(ARCOM) and Army Good Conduct Medal (AGCM) be added to the list of awards
contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of his separation document
(DD Form 214).

2.  The applicant states, in effect, he was awarded the ARCOM for the
period January 1969 to January 1970; however, it is not included in the
list of awards contained in Item 24 of his DD Form 214.  He further states
that he is entitled to the AGCM, which was also not included on his
separation document.

3.  The applicant provides an ARCOM Certificate in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army and entered
active duty on 13 March 1968.  He was trained in and awarded military
occupational specialty (MOS) 71B (Clerk Typist), and specialist five (SP5)
was the highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 19 January 1969 through 18
January 1969.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Headquarters and Headquarters Detachment (HHD);
124th Signal Battalion, 4th Infantry Division, performing duties in MOS 70A
(Clerk) and 71H (Personnel Specialist) as a clerk and company clerk.  Item
38 also shows that the applicant received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.
4.  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.  The MPRJ also contains
Headquarters, 4th Infantry Division General Orders Number 8068, dated 29
December 1969, which awarded the applicant the ARCOM for meritorious
service between January 1969 and January 1970, while serving in the RVN.

5.  On 18 January 1970, the applicant was honorably separated, in the rank
of SP5, after completing a total of 1 year, 10 months and 6 days of active
military service.  Item 24 of the DD Form 214 he was issued at the time
shows he earned the following awards during his active duty tenure:
National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal;
Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 2
Overseas Service Bars.

6.  The applicant provides an ARCOM Certificate and Citation that show he
was awarded the ARCOM for meritorious service between January 1969 and
January 1970, while serving in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  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.

8.  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 (HHD, 124th Signal Battalion)
received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.  It also confirms that
during this period, 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 evidence of record includes orders awarding the applicant the ARCOM
for his meritorious service in the RVN between January 1969 and January
1970. As a result, it would be appropriate to add this award to his record
and separation document at this time.

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 unit commander
disqualification that would have precluded him from receiving the AGCM.
Therefore, it would be appropriate to award him the AGCM, for his
qualifying period of honorable active duty service from 13 March 1968
through 18 January 1970.

3.  The evidence of record 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 __  __FCJ __  __CD ___  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.  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 period of
honorable active duty service from 13 March 1968 through 18 January 1970;
by adding the Army Commendation Medal to his record and separation
document; by showing his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and 4 bronze service stars with his
Vietnam Service Medal; and by providing him a correction to his separation
document that includes these changes.




                            _____Linda D. Simmons____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070004846                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/01/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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