RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR2004103956


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |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 the Purple Heart, the Bronze
Star Medal, the Good Conduct Medal, the Combat Infantryman Badge, and the
Sharpshooter Marksmanship Qualification Badge, be added to his separation
document.

2.  The applicant states, in effect, that these awards were never put on
his DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 13 May 1968.  The application submitted in this case is dated 9
February 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 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's military records show that he was inducted into the
Army of the United States on 8 August 1966.  He received his basic combat
and his advanced Individual training at Fort Jackson, South Carolina.  Upon
completion of all required military training, he was awarded military
occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant was assigned to and arrived in Vietnam on 1 January 1967.
 He was assigned to Headquarters and Headquarters Company, 1st Battalion,
27th Infantry, 25th Infantry Division.  On 21 February 1968, he was
assigned to Company B, 1st Battalion, 27th Infantry.  He remained with this
unit until 8 May 1968 when he was returned to the United States for release
from active duty.
5.  The applicant was honorably released from active duty on 13 May 1968,
under the provision of Army Regulation (AR) 635-200, Early Release of
Overseas Returnees, in the rank and pay grade, Sergeant, E-5.  On his
release from active duty, he had 1 year, 9 months, and 6 days active
military service, with no lost time.

6.  The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded the following awards: the National Defense Service
Medal; the Vietnam Service Medal; and the Vietnam Campaign Medal.  No other
awards are shown as having been awarded to the applicant.

7.  There are no entries in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Records, showing he was
awarded the Bronze Star Medal, the Purple Heart, the Good Conduct Medal,
the Combat Infantryman Badge, and the Sharpshooter Marksmanship
Qualification Badge.

8.  A search of the general orders database maintained by the Awards
Branch, Human Resources Command, was made for orders awarding the applicant
the Bronze Star Medal, and the Purple Heart; however, no orders were found
to support his contention that they were awarded to him and were omitted
from his DD Form 214.

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

10.  The applicant was contacted to determine if he had copies of orders
for the awards that he requested be added to his DD Form 214.  During this
interview, it was determined that he had orders for the Bronze Star Medal
but alleges that he misplaced other orders when he moved his household.
The applicant "faxed" a copy of the general orders, and a copy of the
citation, awarding him the Bronze Star Medal to support his request and to
be included in his service personnel file.

11.  The applicant was awarded the Bronze Star Medal, for meritorious
service, in connection with military operations against a hostile force, by
General Orders Number 4681, published by Headquarters, 25th Infantry
Division, on 2 December 1967.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

13.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; and
the Vietnam Counter-offensive, Phase IV, which extended from 2 April
through 30 June 1968.

14.  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.

15.  Item 38 (Records of Assignments), of the applicant's DA Form 20 show
that he served as a Rifleman (MOS: 11B10) and as a Team Leader (MOS: 11B40)
in the 1st Battalion, 27th Infantry, 25th Infantry Division, while he
served an extended tour of duty in Vietnam.

16.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows the 1st
Battalion, 27th Infantry Division, 25th Infantry Division, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period January 1966 through August 1968, by Department of the Army General
Order (DAGO) Number 48, dated 1971, 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 Number 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
personnel 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 Soldier who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.
18.  Item 38, of the applicant's DA Form 20, shows that the applicant
consistently received "excellent" conduct and efficiency ratings.  There is
no evidence of any breach of good order or discipline in his service
personnel record that would preclude award of the Good Conduct Medal to
him.

19.  AR 672-5-1, in effect at the time of the applicant's separation,
provides that the Good Conduct Medal is awarded to Soldiers 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.

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

21.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 3, Special Orders 178,
published by Headquarters, 2nd Training Brigade, Fort Jackson, South
Carolina, on 3 October 1966.

22.  The applicant was awarded the Second Class Gunner [now known, and
hereafter referred to as the Sharpshooter] Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], in paragraph 3, Special
Orders 208, published by Headquarters, 3rd Training Brigade, Fort Jackson,
South Carolina, on 1 December 1966.

23.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 7, Special
Orders 208, published by Headquarters, 3rd Training Brigade, Fort Jackson,
South Carolina, on 1 December 1966.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal.  This award was
omitted from his DD Form 214 when he was released from active duty.  It
would be appropriate to add this award to the applicant's DD Form 214 at
this time.

2.  Given that the applicant was assigned to a company sized unit in an
infantry battalion, that his Enlisted Qualification Record shows that he
was assigned the duty titles of Rifleman and Team Leader (MOS 11B10 and
11B40), and that he was awarded the Bronze Star Medal during an extended
tour of duty in Vietnam, it appears the only reasonable conclusion that can
be reached is that the applicant is qualified for award of the Combat
Infantryman Badge and to have it added to his DD Form 214.

3.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to him.
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.  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; therefore, he is
entitled to award of the Good Conduct Medal for the period 8 August 1966
through 13 May 1968 and to have it added to his separation document.

4.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the four bronze service stars to which he
is entitled for his campaign participation.  The applicant is entitled to
award of four bronze service stars and to have them added to his DD Form
214.

5.  The applicant served in a unit that 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, at a time he was
assigned to the unit.  He is therefore entitled to these unit awards and to
have them added to his DD Form 214.

6.  The applicant earned the Marksman Marksmanship Qualification Badge,
with Rifle Bar; the Sharpshooter Marksmanship Qualification Badge, with
Machinegun Bar; and the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar.  These marksmanship qualification badges are not shown
on the applicant's DD Form 214.  It would be appropriate to add them to his
separation document at this time.

7.  There is no evidence and the applicant provided none to support his
contention that he was wounded in action while he served in Vietnam.
Therefore, the applicant is not entitled to award of the Purple Heart and
to have it added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

elp _____  bkk_____  rjw  _____  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.  adding the already-awarded Bronze Star Medal to the applicant's
DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period
8 August 1966 through 13 May 1968 and adding this award to his DD Form 214;


      c.  awarding the applicant the Combat Infantryman Badge and adding
this award to his DD Form 214;


      d.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal to denote his campaign
participation credit and, to be shown on his DD Form 214 as the Vietnam
Service Medal, with four bronze service stars;


      e  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, and adding these unit awards to his
DD Form 214; and
      f.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle Bar; the Sharpshooter Marksmanship Qualification Badge,
with Machinegun Bar; and the Marksman Marksmanship Qualification Badge,
with Automatic Rifle Bar, 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.




                            ____Raymond J. Wagner__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103956                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050127                                |
|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.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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