RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040011202


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he wishes to have his Purple
Heart added to his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

3.  The applicant provides a DD Form 214 with ending period 10 July 1969;
Headquarters, 12th Evacuation Hospital, General Orders 236, dated
30 December 1967; an Army Commendation Medal Citation; and a Purple Heart
letter of notification to next of kin.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 July 1969.  The application submitted in this case is dated
6 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 was inducted in the Army on 10 July 1967 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 2nd
Battalion, 22nd Infantry, 25th Infantry Division on or about 13 December
1967 where he performed duties as an Light Weapons Infantryman.  On 7
January 1968, he was reassigned to Medical Holding Company, 106th General
Hospital, Japan.  On 2 March 1968, he was reassigned to C Company, 4th
Battalion, 9th Infantry, 25th Infantry Division where he performed duties
as an Light Weapons Infantryman.  He departed Vietnam on or about 7
December 1968 after being credited with participating in five campaigns.



5.  On 16 June 1969, the applicant was awarded primary military
occupational specialty 94B (Cook) and secondary military occupational
specialty 11B.

6.  The applicant was honorably separated from active duty on 10 July 1969
and transferred to the United States Army Reserve.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Air Medal, the Army Good Conduct Medal, and the Marksman
Marksmanship Qualification Badge (Rifle).

8.  Headquarters, 12th Evacuation Hospital General Orders Number 236, dated
30 December 1967 shows the applicant was awarded the Purple Heart for
wounds received in connection with military operations against a hostile
force on 29 December 1967.

9.  Department of the Army, Headquarters, 25th Infantry Division General
Orders Number 7770, dated 30 October 1968 show that the applicant was
awarded the Army Commendation Medal for the period December 1967 through
December 1968.

10.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 2nd Battalion, 22nd Infantry, it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 1 August 1967 through August 1968 based on Headquarters, Department
of the Army General Orders Number 5, dated 1973.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 2nd Battalion, 22nd Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 August 1967 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1970.

13.  Department of the Army Pamphlet 672-3  shows that, at the time of the
applicant’s assignment to the 4th Battalion, 9th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period March 1968 through December 1968 based on Headquarters,
Department of the Army General Orders Number 48, dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 4th Battalion, 9th Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 30 April 1966 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

15.  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 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.

16.  Department of the Army Pamphlet 672-3 states that not more than one
Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by
any individual.  Although multiple awards of this citation badge may not be
worn, official military personnel and historical records will indicate all
awards received.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal (a silver star is worn
instead of five bronze stars).

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was awarded the Purple Heart while
assigned to A Company, 2nd Battalion, 22 Infantry, 25th Infantry Division
while serving as an infantryman in an infantryman MOS position.  In
addition to adding the Purple Heart to his DD Form 214, this award is
accepted as sufficient evidence to show he was eligible for award of the
Combat Infantryman Badge.

2.  The applicant was assigned to two separate units during a period of
time these units were both awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  Although he may wear only one award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation his DD Form
214 should be amended to add all these unit awards.

3.  Evidence of record shows that the applicant was awarded the Army
Commendation Medal for meritorious service.
4.  The applicant’s participation in five campaigns entitles him to one
silver service star to be worn on his Vietnam Service Medal.

BOARD VOTE:

__ JI ____  __ RJO _  __BKK       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:

      a.  awarding him the Combat Infantryman Badge; and

      b.  amending his DD Form 214 to show award of the Purple Heart, the
Combat Infantryman Badge, the Army Commendation Medal, two awards of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
and one silver service star to be worn on his Vietnam Service Medal.



                            ___ Mr. John Infante ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010864                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |21 July 2004                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]