RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 February 2006
      DOCKET NUMBER:  AR20050007413


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Robert W. Soniak              |     |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 Good Conduct Medal; the
Combat Infantryman Badge; the Bronze Star Medal; the Presidential Unit
Citation; the Meritorious Unit Commendation; the VUC (sic) (acronym
believed to be the VUA (Valorous Unit Award)); the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation; the Vietnam Campaign
Medal; the Vietnam Service Medal, with four bronze service stars; the
Expert Marksmanship Qualification Badge, with Rifle Bars (M-14 and M-16
Rifles); and the Marksman Marksmanship Qualification Badge, with Machinegun
Bar, 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 left off his DD
Form 214 upon his leaving the Army.  He became aware of this when he
reviewed those military records he obtained to assist him in making a claim
with the Department of Veteran Affairs (VA).

3.  The applicant submits a copy of his DD Form 214; a copy of
correspondence he received from the National Personnel Records Center,
St. Louis, Missouri; a copy of seven orders for awards; a copy of Letter
Orders Number 02-1047675, U.S. Army Reserve Components Personnel
Administration center, dated 27 February 1974; and a copy of his DA Form
20, Enlisted Qualification Record, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 30 January 1970, the date he was released from
active duty.  The application submitted in this case is dated 9 May 2005.

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 he was inducted into the Army of
the United States on 14 March 1968.  He completed basic combat training at
Fort Gordon, Georgia, and his advanced individual training at Fort Jackson,
South Carolina.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 15 August 1968 through 13 August
1969, with Company B, 5th Battalion, 46th Infantry Regiment, 198th Infantry
Brigade.

5.  The applicant was honorably released from active duty, on 30 January
1970, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Section VIII, to enter or return to college, university, or equivalent
educational institution.  He was separated in the rank and pay grade of
Specialist Four, E-4.  On the date he was released from active duty, he had
completed 1 year, 10 months, and 15 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal, with three bronze service stars; the Republic of Vietnam
Campaign Medal; the Purple Heart; and the Expert Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle].  The Bronze Star Medal; the Good
Conduct Medal; the Combat Infantryman Badge; the Presidential Unit
Citation; the Meritorious Unit Commendation; the Valorous Unit Award; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the
Expert Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16
Rifle]; and the Marksman Marksmanship Qualification Badge, with Machinegun
Bar [M-60 Machinegun Bar] are not shown on the applicant's DD Form 214.

7.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force, by
General Orders Number 7640, published by Headquarters, Americal Division,
on 11 August 1969.  The Bronze Star Medal is not shown on the applicant's
DD Form 214.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings; however, he received non-judicial punishment under the provisions
of Article 15
of the Uniform Code of Military Justice, on 3 July 1968, for absenting
himself from his unit without proper authority on 1 July 1968 and remaining
absent until 3 July 1968.  The punishment imposed was a forfeiture of $45
per month for two months, restriction to his company area for 14 days, and
to perform extra duty for 14 days.  The applicant did not appeal the
punishment.

9.  There are no orders in the applicant's service personnel record
awarding him the Good Conduct Medal.  There is no entry in item 41
(Awards and Decorations), of the applicant's DA Form 20, showing the Good
Conduct Medal was awarded to the applicant.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with three bronze service stars; however, it does not show the
correct number of bronze service stars to which the applicant is entitled
for his campaign participation.

11.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; the
Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through
31 October 1969.

12.  There are no orders in the applicant's service personnel record
awarding him the Combat Infantryman Badge.  There is no entry in item 41,
of the applicant's DA Form 20, showing the Combat Infantryman Badge was
awarded to the applicant.

13.  The applicant held and performed the duties related to the infantry
MOS, 11B.  He served in active ground combat while assigned or attached
to an infantry unit of brigade, regimental, or smaller size, as evidenced
by his having been awarded the Purple Heart for wounds received in action
against a hostile force on 30 October 1968.  There is no evidence the
applicant was awarded the Combat Infantryman Badge.

14.  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.
15.  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, a subordinate unit of the United States Army, Vietnam, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for
the period 20 July 1965 through 28 March 1973, by Department of the Army
General Order (DAGO) Number 8, dated 1974.  This unit award is not shown
on his DD Form 214.  There is no evidence the Presidential Unit Citation;
the Meritorious Unit Commendation; the Valorous Unit Award; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation; were awarded to the 5th Battalion, 46th Infantry Regiment, at
the time the applicant was a member of the unit.

16.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Automatic Rifle], in Special Orders Number
88, Paragraph 2, published by Headquarters, 2nd Basic Combat Training
Brigade, US Army Training Center, Fort Gordon, Georgia, on 9 May 1968.

17.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], in Special Orders Number 107,
Paragraph 14, published by Headquarters, 3rd Advanced Individual Training
Brigade, Fort Jackson, South Carolina, on 24 June 1968.

18.  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.

19.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel who have an infantry MOS.  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.
The Awards Branch of the Total Army Personnel Command [now the Human
Resources Command] has advised, in similar cases, that during the Vietnam
era the Combat Infantryman Badge was awarded only to enlisted individuals
who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

20.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force.
The Bronze Star Medal is not shown on the applicant's DD Form 214.  It
would be appropriate to add this award to his DD Form 214 at this time.

2.  There is no evidence in the applicant's service personnel records, and
the applicant has provided none, to show he was awarded the Combat
Infantryman Badge while he served in Vietnam.

3.  The evidence shows that the applicant held an infantry MOS.  He served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  The applicant was awarded a Purple
Heart for wounds he received in action against a hostile force on 30
October 1968.  He is therefore, entitled to award of the Combat Infantryman
Badge, and to have it added to his DD Form 214.

4.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal, with three bronze service stars; however, the applicant served in
four campaigns while he served in Vietnam.  He is therefore, entitled to
award of the Vietnam Service Medal, with four bronze service stars, and to
have this award correctly shown on his separation document.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar; and the Marksman Marksmanship Qualification
Badge, with Machinegun Bar, in appropriate orders.  These marksmanship
qualification badges are not shown on his DD Form 214.  He is entitled to
have these badges added to his DD Form 214.

6.  There is no evidence in the applicant's service personnel records, and
the applicant has provided none, to show he was awarded the Good Conduct
Medal while he served on active duty.

7.  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.  There is no automatic
entitlement to the Good Conduct Medal.  By having absented himself from
his unit and having remained absent from his unit without proper
authority for two days, the applicant displayed a level of conduct, which
is not in keeping with good order and discipline expected of Soldiers in
the Armed Forces of the United States.  He is therefore not eligible for
award of the Good Conduct Medal and to have it added to his DD Form 214.

8.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.

9.  There is no evidence the Presidential Unit Citation; the Meritorious
Unit Commendation; the Valorous Unit Award; and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; were awarded to
the 5th Battalion, 46th Infantry Regiment, at the time the applicant was
a member of the unit.  He is therefore ineligible to have these unit
awards added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jlp____  __D____   __RwS __  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 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.  adding the already awarded Bronze Star Medal; and the Expert
Marksmanship Qualification Badge, with Automatic Rifle and Machinegun Bars
to the applicant's DD Form 214;

      b.  deleting the Vietnam Service Medal, with three bronze service
stars, from the applicant's DD Form 214; and

      c.  awarding the applicant the Combat Infantryman Badge; the Vietnam
Service Medal, with four bronze service stars; and the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; and adding these awards to his
DD Form 214.

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
award of the Good Conduct Medal; the Presidential Unit Citation; the
Meritorious Unit Commendation; the Valorous Unit Award; and the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and
addition of these awards to the applicant's DD Form 214.




                            _____Jennifer L. Prater_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007413                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   60                 |107.0014                                |
|3.   77                 |107.0031                                |
|4.   80                 |107.0034                                |
|5.   79                 |107.0033                                |
|6.   102                |107.0056                                |


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