RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 JUNE 2005
      DOCKET NUMBER:  AR20040007486


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 that his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Silver Star, Purple Heart, and
Combat Infantryman Badge.

2.  The applicant states those awards were not reflected on his DD Form
214.  He did not receive the Combat Infantryman Badge.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 April 1968.  The application submitted in this case is
dated          9 September 2004.

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 was inducted into the Army on 17 May 1967, trained as an
infantryman, and in October 1967 was assigned to Company C, 5th Battalion,
 60th Infantry, in Vietnam.

4.  A casualty report shows that he received fragmentation wounds to his
right eye, with loss of his right eye, on 18 November 1967, when engaged in
a firefight with a hostile force.  He was evacuated to Japan and in
December 1967 medically evacuated to Walter Reed General Hospital.  On 8
March 1968 a Physical Evaluation Board recommended that the applicant be
retired from the service with a 50 percent disability rating.  He was
permanently retired because of his physical disability on 22 April 1968.

5.  Orders published by Headquarters, 9th Infantry Division, on 26 November
1967, show that the applicant, then assigned to Company C, 5th Battalion,
    60th Infantry, was awarded the Silver Star on 18 November 1967 for
gallantry in action involving close combat with an armed hostile force in
the Republic of Vietnam.  The orders show that he was seriously wounded in
that action.

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 5th Battalion, 60th Infantry, was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for its actions while the
applicant was assigned to that organization.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

8.  The Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry MOS (military
occupational specialty).  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.

9.  The Army 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.

10.  Army Regulation 600-8-22 provides for the award of the Republic of
Vietnam Campaign Medal and states, in pertinent part, that the medal will
be awarded to personnel who have served in Vietnam for six months during
the period from
1 March 1961 to 28 March 1973, or who have been wounded by hostile forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star for gallantry in action on
           18 November 1967.  His DD Form 214 should reflect that award.

2.  He was wounded in action on that date while serving as an infantryman
in an infantry company.  The applicant is entitled to award of the Purple
Heart and the Combat Infantryman Badge.

3.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.
4.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

5.  The applicant is entitled to award of the Republic of Vietnam Campaign
Medal.

BOARD VOTE:

___MM  _  ___LE___  ___CK__  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 showing award of the Silver Star,
Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, Republic
of Vietnam Gallantry Cross Unit Citation with Palm, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Republic of
Vietnam Campaign Medal.





                            ______Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007486                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050609                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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