RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040011066


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 he be issued a third Purple Heart award and
a Combat Infantryman Badge.

2.  The applicant states that he believes he was put in for a third award
of the Purple Heart in May/June of 1967.  He also states that he was also
awarded the Combat Infantryman Badge.

3.  The applicant provides copies of two Purple Heart Certificates dated 3
March 1968 and 14 March 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   13 September 1968, the date of his separation from active
duty.  The application submitted in this case is dated 9 December 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 military records show that he was inducted on 15
September 1966.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 1 April
1967 through 28 March 1968 as a member of Company A, 1st Battalion, 503d
Infantry, and as a member of Headquarters, Headquarters Company, 1st
Battalion, 503d Infantry.  On             13 September 1968, he was
transferred to the Army Reserve as a specialist four with an honorable
characterization of service.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) does not
show award of the Purple Heart or Combat Infantryman Badge in item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).

5.  General Orders in the applicant's records show he was awarded the
Purple Heart on two separated occasions.  His first award was received for
wounds received in connection with military operations against a hostile
force on 3 March 1968.  He received his second for wounds received in
action 14 March 1968.

6.  The applicant's DD Form 215 (Correction to DD Form 214, Certificate of
Release or Discharge from Active Duty), dated 6 December 2004, shows that
his DD Form 214 was corrected to show award of the Purple Heart Medal with
First Oak Leaf Cluster.

7.  There is no record showing that the applicant received a third award of
the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) that would cover the period of May/June
1967.

8.  The applicant's name is not listed on the Vietnam Casualty Roster for
the time period of May/June 1967.

9.  There are no orders in the applicant's personnel records which show he
was awarded the Combat Infantryman Badge.

10.  Item 29 (Qualification in Arms) of the applicant's DA Form 20
(Enlisted Qualification Record) shows that the applicant qualified as an
expert with the    M-16 rifle.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer persons 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 U.S. Army Human Resources Command (formerly known as the Total Army
Personnel 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.

12.  Review of the applicant's personnel records indicate that he is
eligible for additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

14.  Army Regulation 600-8-22 provides that 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.  The regulation states that, after 27 June 1950 to the present
time, the current standard for award of the Army Good Conduct Medal is 3
years of qualifying service, but as little as one year is required for the
first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

15.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.

16.  The applicant's DA Form 20 shows he received credit for participation
in the following campaign: Vietnam Counteroffensive Phase II.

17.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the
military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following two additional campaigns: Vietnam Counteroffensive, Phase III and
TET Counteroffensive.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to Company A, 1st Battalion, 503d Infantry, and
Headquarters, Headquarters Company, 1st Battalion, 503d Infantry, they were
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Meritorious Unit Commendation and the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded a third Purple Heart
and the Combat Infantryman Badge.

2.  Records show the applicant was awarded the Purple Heart for wounds
received in action on 3 March and 14 March 1968.

3.  There are no orders in the applicant's service personnel records, which
show he was awarded the Purple Heart for the period May/June 1967, and
there is no evidence in his records that he was wounded or treated for
wounds as a result of hostile action during that period.

4.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds as a result of hostile action
during the period of May/June 1967, there is not a sufficient basis for
correction of his record to show award of a third Purple Heart.

5.  Records show that the applicant was awarded an infantry military
occupational specialty, that he was assigned to an infantry unit and that
he served in active ground combat.  Therefore, the applicant's records
should be corrected to show award of the Combat Infantryman Badge.

6.  Records show that the applicant qualified with the M-16 and earned the
Expert Badge with Rifle Bar.  Therefore, his recorded should be corrected
to show this award.

7.  The applicant was separated on 13 September 1968 with 1 year, 11
months, and 28 days of active service.  The applicant distinguished himself
by his excellent conduct and efficiency ratings, his promotion to
specialist four and his combat service.  Therefore, he should be awarded
the Army Good Conduct Medal for the period 15 September 1966 through 13
September 1968 based on completion of a period of qualifying service ending
with termination of a period of Federal military service.

8.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in three campaigns during his assignment in Vietnam.
Therefore, the applicant is entitled to the Vietnam Service Medal with
three bronze service stars and correction of his DD Form 214 to show this
award.

9.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Meritorious Unit Commendation and the
Presidential Unit Citation.  Therefore, his records should be corrected to
show these unit awards in addition to others on his DD Form 214.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1968.  Therefore, the
time for the applicant to file a request for correction of an error or
injustice expired on       12 September 1971.  Although the applicant did
not file within the ABCMR's statute of limitations, it is appropriate to
waiver failure to timely file in this case based on the fact there is no
statute of limitations on requests for award of the Purple Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___reb   _  __lf    ___  ___lmd__  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.  awarding the Combat Infantryman Badge;

      b.  awarding the Army Good Conduct Medal for the period 15 September
1966 through 13 September 1968;


      c.  awarding the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Meritorious Unit Commendation and the Presidential Unit
Citation, and adding three bronze service stars to the already awarded
Vietnam Service Medal.

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
the third Purple Heart.




                                  _____Ronald E. Blakely_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011066                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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