RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 July 2005
      DOCKET NUMBER:  AR20040009769


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 all earned awards be added to
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of his separation document
(DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 reflects no
awards.

3.  The applicant provides copies of medical treatment records in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 18 October 1966.  The application submitted in this case
is dated
1 November 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’s record shows he enlisted in the Regular Army and
entered active duty on 15 September 1965.  He was trained in awarded and
served in military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 4 February through 2 March
1966, and was assigned to Company B, 1st Battalion, 28th Infantry Regiment,
performing duties in MOS 11B as a light weapons infantryman.  Item 40
(Wounds) shows he received a small arms wound to his neck and shoulder as a
direct result of enemy action on 24 February 1966.  Item 41 (Awards and
Decorations) shows he earned the Vietnam Service Medal (VSM) and Purple
Heart (PH).

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of 3rd Field Hospital General Orders (GO) Number 10, dated 26 February
1966, which awarded him the PH for being wounded in action on 24 February
1966.
6.  The MPRJ also contains a casualty report worksheet that confirms the
circumstances surrounding the applicant’s wounding were that his unit
perimeter was hit by a large enemy force on operation.

7.  On 18 October 1966, the applicant was honorably released from active
duty (REFRAD) and placed on the Temporary Disability Retired List (TDRL)
after completing 1 year and 1 month of active military service and accruing
4 days of time lost due to being absent without leave (AWOL).  Item 26, DD
Form 214 contains the entry “None”.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-10 contains guidance on the National Defense Service
Medal (NDSM).  It states, in pertinent part, that it was authorized for any
period of honorable active duty service between 1 January 1961 and 14
August 1974.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM.  It states, in pertinent part, that it is authorized for service
in the RVN after 3 July 1965 through 28 March 1973.  It also indicates that
a bronze service star is authorized with the VSM for each RVN campaign a
member is credited with participating in.

10.  Chapter 8 contains guidance on award of the CIB.  It states that there
are basically three requirements for award of the CIB.  The Soldier must be
an infantryman satisfactorily performing infantry duties, must be assigned
to an infantry unit during such time as the unit is engaged in active
ground combat, and must actively participate in such ground combat.  In
1962 Department of the Army messages to the senior Army commander in the
Southeast Asia theater of operations authorized award of the CIB to
otherwise qualified personnel "provided they are personally present and
under fire."  The intended requirement was to be"personally present and
under fire".

11.  Paragraph 9-19 of the awards regulation provides guidance on the RVN
Campaign Medal.  It states, in pertinent part, that it was authorized for 6
months of service in the RVN performed between 1 March 1961 and 28 March
1973.  It further stipulates, in pertinent part, that this award is
authorized to members who served in the RVN less than 6 months if they were
wounded by hostile forces.  It further indicates this award is worn with a
1960 Device.

12.  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, the applicant’s unit (1st Battalion, 28th Infantry Regiment)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal.  It further shows he was credited with participating
in the Vietnam Counteroffensive campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his earned awards were not included on
his separation document and the supporting documents he provided were
carefully considered and found to have merit.  His record confirms he was
wounded in action on 24 February 1966, while serving in the RVN, when his
unit came under fire from a large enemy force.  As a result of this
wounding, he was awarded the PH while being treated for his wound at the
3rd Field Hospital, RVN.

2.  By regulation, in order to qualify for the CIB, a member must hold an
infantry MOS, be assigned to a qualifying infantry unit and be personally
present and participate with the unit while it is engaged in active ground
combat.  During the Vietnam era, the CIB was authorized to otherwise
qualified personnel "provided they were personally present and under fire."
 The applicant’s record and the casualty report worksheet on file confirm
he held an infantry MOS, served in a qualifying infantry unit and was
personally present with the unit and under fire while it engaged in active
ground combat with enemy forces.  Therefore, it would also be appropriate
to award him the CIB, and to add this award to his record and separation
document at this time.

3.  The evidence of record further confirms that based on the applicant’s
honorable active duty service, and his service and campaign participation
in the RVN, he is also entitled to the NDSM, VSM with 1 bronze service
star,
RVN Campaign Medal with 1960 Device, RVN Gallantry Cross with Palm Unit
Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
Thus, it would also be appropriate to add these awards to his DD Form 214
at this time.


BOARD VOTE:

___JI ___  ___RJO _  ___BKK _  GRANT 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 awarding him the Combat Infantryman
Badge; by amending Item 26 of his 18 October 1966 DD Form 214 by deleting
the current entry and replacing it with the entry “Purple Heart, Combat
Infantryman Badge, National Defense Service Medal, Vietnam Service Medal
with 1 bronze service star, Republic of Vietnam Campaign Medal with 1960
Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation”;
and by providing him a corrected separation document that reflects these
changes.




            ____John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009769                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/10/18                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability -TDRL                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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