RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2008
      DOCKET NUMBER:  AR20070013389


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Sherri V. Ward                |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 his record be corrected to show
his entitlement to the Bronze Star Medal (BSM) 1st Oak Leaf Cluster (2nd
Award) with "V" (Valor) Device, Vietnam Service Medal (VSM) with 3 bronze
service stars, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit
Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and
Marksmanship Qualification Badges; and that he be awarded the Army Good
Conduct Medal (AGCM).

2.  The applicant states, in effect, that the awards in questions were not
included in the list of awards contained in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his 12 November 1970 separation document (DD Form 214).  He
further requests that even though he received one Article 15 while in
training, he served with distinction for the remainder of his active duty
tenure as an infantry squad leader in combat and was decorated for heroism.


3.  The applicant provides a self-authored statement and the seven
documents listed as enclosures on this statement 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 that he was inducted into the Army and
entered active duty on 22 January 1969.  He successfully completed basic
combat training at Fort Knox, Kentucky, and advanced individual training
(AIT) at
Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 11 January through 11 November 1970.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company B, 2nd Battalion, 14th Infantry Regiment, performing duties in MOS
11B as an infantry team leader.  Item 38 also shows that he received no
less than "Excellent" conduct and efficiency ratings at all of his active
duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 sows
that he was awarded the Sharpshooter Marksmanship Qualification Badge with
Machinegun Bar and Marksman Marksmanship Qualification Badge with Rifle
(M-14 & M-16) Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains one
Record of Proceedings Under Article 15, UCMJ, which the applicant accepted
while he was in AIT, for being derelict in his duties as charge of quarters
by failing to secure the weapons rack.  His MPRJ is void of any other
derogatory information, or a unit commander disqualification that would
have precluded him from receiving the AGCM.

6.  The applicant's MPRJ also contain orders that awarded him the BSM 1st
Oak Leaf Cluster (2nd Award), for his meritorious service during the period
January through November 1970.

7.  On 12 November 1970, the applicant was honorably released from active
duty (REFRAD) after completing 1 year, 9 months, and 21 days of active
military service.  Item 24 of the DD Form 214 he was issued at the time
shows he earned the following awards:  National Defense Service Medal
(NDSM); VSM; RVN Campaign Medal with Device (1960); Army Commendation Medal
(ARCOM); Air Medal (AM); and Combat Infantryman Badge (CIB).

8.  Army Regulation 600-8-22 (Military Awards) contains 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.

9.  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.
10.  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 (2nd Battalion, 14th Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the
RVN Civil Actions Honor Medal First Class Unit Citation.  It also confirms
that during this period, participation credit was granted for the Vietnam
Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show
his entitlement to the BSM 1st Oak Leaf Cluster (2nd Award) with “V”
Device,
3 bronze service stars with his VSM, RVN Gallantry Cross with Palm Unit
Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and
Marksmanship Qualification Badges; and that he should be awarded the AGCM
were carefully considered and found to have merit.

2.  The applicant's record confirms that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.  Further,
other than an Article 15 he received in training for a minor infraction,
his record is void of any derogatory information or a specific unit
commander disqualification that would have precluded him from receiving the
AGCM.  As a result, it would be appropriate to award him the AGCM, for his
qualifying period of honorable active duty service from 22 January 1969
through 12 November 1970.

3.  The applicant's record confirms he qualified as a Sharpshooter with the
M-60 machine gun and as a Marksman with the M-14 and M-16 rifles, which
entitled him to the Sharpshooter Marksmanship Qualification Badge with
Machine Gun Bar and the Marksman Marksmanship Qualification Badge with
Rifle (M-14 &
M-16) Bar.  Additionally, his MPRJ contains orders that awarded him the BSM
1st Oak Leaf Cluster, for his meritorious service during the period January
through November 1970, in addition to the BSM with “V” Device.  Thus, it
would be appropriate to add these awards and badges to his record and
separation document at this time.

4.  The evidence of record also shows that based on his service and
campaign participation in the RVN, the applicant is entitled to the RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation, and
3 bronze service stars for wear on his VSM.

BOARD VOTE:

__MKP__  __SVW  _  __JCR__  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:

      a.  awarding him the Army Good Conduct Medal, for his qualifying
period of honorable active duty service from 22 January 1969 through 12
November 1970;

      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,
Bronze Star Medal 1st Oak Leaf Cluster with "V" Device, Army Commendation
Medal, Air Medal, Army Good Conduct Medal (1st Award), Vietnam Service
Medal with
3 bronze service stars, Republic of Vietnam Campaign Medal with Device
(1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge
with Machinegun Bar, and Marksman Marksmanship Qualification Badge with
Rifle (M-14 & M-16) Bar”; and

      c.  proving him a correction to his separation document that includes
these changes.




                                  ______Margaret K. Patterson___
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013389                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/11/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS RTN                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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