RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            OCTOBER 07, 2004
      DOCKET NUMBER:    AR2004102215


      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                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr,         |     |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 he be awarded the Purple Heart
and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was not awarded the Purple
Heart for wounds received in Vietnam.  He adds that he didn't request award
of the Purple Heart or the Combat Infantryman Badge because he didn't
realize the importance of these items.

3.  The applicant provides nothing in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 17 October 1969.  The application submitted in
this case is dated 23 December 2003.

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 was inducted into the Army of the United States on 18
October 1967 and, following completion of basic combat training, he
completed advanced individual training and was awarded the primary military
occupational specialty (MOS) 64A, Light Vehicle Driver, at Fort Ord,
California.

4.  The applicant was assigned to Vietnam and he arrived there in March
1968.  He was initially assigned to Headquarters and Headquarters Company,
2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, and was
later assigned to Company D, within the same battalion, for duty in the MOS
11B (Light Weapons Infantryman).  The applicant served in Vietnam until
March 1969 when he completed his overseas tour.  He was assigned to Fort
Carson, Colorado, to complete his service obligation.
5.  The applicant was released from active duty on 17 October 1969, under
the provisions of Army Regulation (AR) 635-200, and was given the
Separation Program Number (SPN) 210 (Expiration of Term of Service), in the
rank and pay grade of Specialist Four, E-4.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal; the Vietnam Service Medal, with
bronze service star; and the Republic of Vietnam Campaign Medal, with 60
Device.  The Purple Heart and the Combat Infantryman Badge are not shown
among his awards.

7.  Item 23a (Specialty Number and Title), of the applicant's DD Form 214,
shows that the applicant held the MOS 11B20, Light Weapons Infantryman, on
his release from active duty.

8.  The applicant's name does not appear on the Vietnam Casualty List.

9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart or the Combat Infantryman Badge.

10.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart or the Combat Infantryman Badge.  Item 40 (Brief
Description of Wounds), of the applicant's DA Form 20, is blank.

11.  The applicant was awarded the Bronze Star Medal, for the period March
1968 through March 1969, for meritorious service in connection with
military operations against a hostile force in Vietnam, by General Orders
1720, Headquarters, 25th Infantry Division, dated 14 February 1969.  This
award is not shown on the applicant's DD Form 214.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with bronze service star; however, this entry is incorrect.

13.  Item 38 (Record of Assignments), DA Form 20, shows that the applicant
received "excellent" conduct and efficiency ratings.  There is no entry in
Item 42 (Remarks), on his DA Form 20, indicating that he was ever
disqualified from award of the Good Conduct Medal by any of his unit
commanders.  There is no record of lost time shown in the applicant's
service personnel records.
14.  While in Vietnam, the applicant participated in the following five
campaigns:  the Tet Counteroffensive, which extended from 30 January
through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; 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; and the Tet 69 Counteroffensive, which extended from 23
February through 8 June 1969.

15.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

16.  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, the
2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period January 1966 through 30 September 1970, by Department of the Army
General Orders (DAGO) 5 and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 1 January 1966 through 21
January 1970, by DAGO 51, dated 1971.

17.  AR 600-8-22 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.

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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's record that he was wounded in
action while he served in Vietnam.  Absent any evidence that he was wounded
in action against a hostile enemy, the applicant is not entitled to award
of the Purple Heart and to have it added to his separation document at this
time.

2.  The applicant was assigned to an infantry unit of brigade, regimental
or smaller size, he was reclassified into the MOS 11B while in an on the
job status which would connote participation in military operations against
a hostile enemy.  In addition, the applicant was awarded the Bronze Star
Medal, for meritorious service, while he served in the rank and pay grade,
Specialist Four, E-4, in a combat zone.  He is therefore entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant was awarded the Bronze Star Medal for meritorious
service.  The award is not shown on his DD Form 214.  It would be
appropriate to add this award to his DD Form 214 at this time.

4.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There is no entry in Item 42, of his DA Form 20, indicating
that he was ever disqualified from award of the Good Conduct Medal by any
of his unit commanders.  There is no evidence of a breach of good order or
discipline in the applicant's service personnel records, and it appears
that the failure to award this Soldier the Good Conduct Medal was an
administrative oversight and not related to anything he did to disqualify
himself from this award.

5.  The applicant participated in five campaigns while he served in
Vietnam.  He is therefore entitled to award of one silver service star to
be affixed to his already-awarded Vietnam Service Medal and to have it
shown on his separation document.
6.  The applicant served in a unit, the 2nd Battalion, 27th Infantry
Regiment, 25th Infantry Division, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, while he was a
member of the unit.  He is therefore entitled to these unit awards and to
have them added to his separation document.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

wtm_____  pms____  pm______  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 applicant the Combat Infantryman Badge and adding
this award to the applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period
18 October 1967 through 17 October 1969;


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation;


      d.  deleting the Vietnam Service Medal, with bronze service star, and
correcting the entry by entering the Vietnam Service Medal, with one silver
service star, to denote his correct campaign participation credit; and

      e.  adding the already-awarded Bronze Star Medal to the applicant's
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 Purple Heart to the applicant at this time.




            ___Walter T. Morrison___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102215                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  157                 |107.0111                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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