RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 November 2004
      DOCKET NUMBER:   AR2004104577


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert O. Fry                 |     |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, award of the Combat Infantryman
Badge (CIB), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit
Citation, and Bronze Star Medal (BSM).

2.  The applicant states, in effect, he was promised the awards in question
by his detachment commander, but he was medically evacuated due to the loss
of his right eye before they could be awarded.

3.  The applicant provides a copy of his separation document (DD Form 214)
and a history of his medical separation processing in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 7 December 1970.  The application submitted in this case
is dated 17 February 2002.

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 requests award of the BSM.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms he is entitled to this award.  In the absence of authority
for this award, he may request award of the Bronze Star Medal under the
provisions of Section 1130 of Title 10 of the United States Code (10 USC
1130).  He has been notified by separate correspondence of the procedures
for applying for this award under
10 USC 1130.  As a result, the applicant’s request for award of the BSM
will not be discussed further in this Record of Proceedings.

4.  The applicant’s record shows he was inducted into the Army and entered
active duty on 15 July 1969.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Infantryman) and the highest
rank he attained while serving on active duty was specialist four (SP4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) 14 March 1970 through 30 August
1970.  During his RVN tour, he was assigned to the 57th Infantry Scout Dog
Platoon, 187th Infantry Brigade, serving in MOS 11B as an infantryman/dog
handler.  Item 38 (Record of Assignments) further shows that he received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments.

6.  On 18 July 1970, while on a combat operation in the RVN, the applicant
was wounded in action.  He received a fragment wound to the right eye when
a booby trap detonated.  As a result of his wound, he was medically
evacuated from the RVN.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, Americal Division, General Orders Number 9669, dated
29 July 1970.  These orders awarded the applicant the Army Commendation
Medal (ARCOM), for meritorious achievement in connection with military
operations against a hostile force on 18 July 1970.  It also contains a
copy of Headquarters, United States Army Medical Department Activity, Fort
Gordon, Georgia General Orders Number 68, dated 19 August 1970, which
awarded the applicant the Purple Heart, for being wounded in action in the
RVN on 18 July 1970.

8.  The MPRJ contains no derogatory information and there is no documented
record of a disqualification from any of the applicant’s active duty
commanders that would have precluded him from receiving the Army Good
Conduct Medal (AGCM).

9.  On 7 December 1970, the applicant was honorably separated and
permanently retired, by reason of physical disability.  The DD Form 214 he
was issued at the time confirms he completed a total of 1 year, 4 months
and 23 days of active military service.  The separation document also show
he earned the following awards during his active duty tenure:  National
Defense Service Medal, Vietnam Campaign Medal, Purple Heart, Vietnam
Service Medal and Marksman Qualification Badge with Rifle Bar.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on award of the Vietnam Service Medal
and it states, in pertinent part, that a bronze service star is authorized
with this award for each campaign a member is credited with participating
in while serving in the RVN.
11.  Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the following three campaigns: Vietnam
Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII.

12.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only,
upon termination of service on or after 27 June 1950, a period of more than
one but less than 3 years is a qualifying period.   Although there is no
automatic entitlement to the AGCM, disqualification must be justified.

13.  Paragraph 8-6 of the awards regulation contains the criteria for
awarding the CIB. It states, in pertinent part, 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.

14.  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
the period he was assigned, the applicant’s unit (57th Infantry Platoon)
earned the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, there are three basic requirements to qualify for 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.

2.  The evidence of record confirms that during his RVN tour, the applicant
served as an infantryman/dog handler in a qualifying infantry unit and was
present with and personally participated with the unit while it was engaged
in active ground combat.  The record further shows he was awarded the
ARCOM, for meritorious achievement on 18 July 1970.  Therefore, it would
appropriate to award the applicant the CIB based on his qualifying combat
service and to add the earned ARCOM to his record.
3.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 15 July 1969 through 7
December 1970.

4.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with
his Vietnam Service Medal.  As a result, it would also be appropriate to
add these awards to his record at this time.

BOARD VOTE:

__JCH __  ___LE___  ___HOF_  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 and Army Good Conduct Medal; by adding the Army Commendation Medal to
his record and showing that based on his RVN service and campaign
participation, he is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and 3 bronze service stars with his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these awards.




            ____James C. Hise_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004104577                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/12/07                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability Retirement                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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