RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2007
      DOCKET NUMBER:  AR20070007488


      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. Carmen Duncan                 |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) and Item 23a (Specialty Number & Title) of his 9 December 1968
separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that his Army Commendation Medal
(ARCOM) was awarded with the "V" Device and this should be reflected in
Item 24 of his DD Form 214, and that Item 23a should show his military
occupational specialty (MOS) as 11B20 (Light Weapons Infantryman) and not
11C20 (Infantry Indirect `Fire Specialist), as is indicated on his DD Form
214.

3.  The applicant provides his DD Form 214 and ARCOM with "V" Device Orders
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 enlisted in the Regular Army and
entered active duty on 10 December 1965; and that private first class (PFC)
is the highest rank he attained while serving on active duty.

3.  Item 22 (Military Occupational Specialties) of the applicant's Enlisted
Qualification Record (DA Form 20) shows he was awarded the primary MOS 11C
on 29 April 1966.  Item 31 (Foreign Service) shows he served in the
Republic of Vietnam (RVN) from 14 July 1966 through 13 July 1967.  Item 38
(Record of Assignments) shows he attended advanced individual training
(AIT) in MOS 11C at Fort Ord, California, from 4 March through 19 May 1966.
 It also shows he completed the basic airborne course at Fort Benning,
Georgia, on 16 June 1966.

4.  Item 38 of the applicant's DA Form 20 also shows that during his RVN
tour, the applicant was assigned to Company C, 4th Battalion, 503rd
Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 38
further shows that upon his departure from the RVN, he was assigned to Fort
Bragg, North Carolina, where he served in MOS 11C as a gunner.  It also
shows he received no less than "Excellent" conduct and efficiency ratings
at all of his active duty assignments.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  ARCOM
with
"V" Device; Parachutist Badge; Vietnam Service Medal (VSM); National
Defense Service Medal (NDSM); Combat Infantryman Badge (CIB); RVN Campaign
Medal (RVNCM) with 1960 Device; Expert Marksmanship Qualification Badge
with Rifle Bar and 1st Class Gunner Badge with Mortar Bar (now known as the
Sharpshooter Marksmanship Qualification Badge with Mortar Bar).

6.  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 Army Good Conduct Medal (AGCM).


7.  The MPRJ does contain Headquarters, 173rd Airborne Brigade General
Orders Number 819, dated 11 May 1967, which awarded the applicant the ARCOM
with "V" Device, for heroism in connection with military operations against
a hostile force in the RVN on 6 April 1967.

8.  On 9 December 1968, the applicant was honorably separated after
completing 3 years of active military service.  Item 23a of the DD Form 214
he was issued shows he held the MOS 11C and Item 24 shows he earned the
following awards:  NDSM; VSM; RVNCM; CIB; Parachutist Badge; and ARCOM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  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 (4th Battalion, 503rd Infantry
Regiment) received the Meritorious Unit Commendation (MUC), RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal 1st Class Unit
Citation and Navy Presidential Unit Citation (PUC).  It also confirms that
during the applicant's tenure of assignment, participation credit was
granted for the Vietnam Counteroffensive Phase II and Vietnam
Counteroffensive Phase III campaigns.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The version of the regulation in effect at the time of the
applicant's separation stated, in effect, that the MOS held on the date of
separation would be entered in Item 23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he received his ARCOM with a "V" Device
was carefully considered and found to have merit.  Item 41 of the
applicant's DA Form 20 contains an entry confirming the applicant was
awarded the ARCOM with a "V" Device and his MPRJ contains orders awarding
him the ARCOM with "V" Device for heroism in connection with military
operations against a hostile force in the RVN on 6 April 1967.  Therefore,
Item 24 of his separation document should be corrected accordingly.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings during 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
active duty service from
10 December 1965 through 9 December 1968.

3.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is also entitled to the MUC, Navy PUC, RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and 2 bronze service stars with his VSM.  In
addition, his record shows he earned the Expert Marksmanship Qualification
Badge with Rifle Bar and Sharpshooter Marksmanship Badge with Mortar Bar,
which were not included in the list of awards contained on his DD Form 214.
 Therefore, it would also be appropriate to add these awards to his record
and DD Form 214 at this time.

4.  The evidence of record confirms the applicant was trained in and
awarded the primary MOS of 11C and was working in that MOS at Fort Bragg,
North Carolina, at the time of his separation.  Although, he did work in
MOS 11B while serving in the RVN, he was never reclassified into nor was he
awarded that MOS.  As a result, there is an insufficient evidentiary basis
to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS _  __CD ___  __QAS__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 10 December 1965 through 9 December
1968;

      b.  amending Item 24 of his DD Form 214 by deleting the current list
of awards and replacing it with the entry "National Defense Service Medal,
Army Commendation Medal with "V" Device, Army Good Conduct Medal, Vietnam
Service Medal with 2 bronze service stars, Republic of Vietnam Campaign
Medal with 1960 Device, Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, Navy Presidential Unit Citation,
Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship
Qualification Badge with Rifle Bar and Sharpshooter Marksmanship
Qualification Badge with Mortar Bar; and

      c.  providing him a correction to his DD Form 214 that includes these
changes.

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
changing the military occupational specialty listed in Item 23a of his DD
Form 214.




                            _____Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007488                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]