RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050000723


      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 Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show awards of the
Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, and the
Armorer Course Certificate.

2.  The applicant makes no additional statement.

3.  The applicant provides Headquarters, 3rd Brigade, 82nd Airborne
Division, General Orders Number 192, dated 19 November 1968; a Purple Heart
Certificate; a DD Form 214 with the period ending 14 July 1966; a letter of
support from the applicant's former brigade commander, dated 12 December
2004; and an Armorer Course Certificate of Completion, dated 14 September
1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 14 June 1968.  The application submitted in this case is dated 5 January
2005.

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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.

4.  The applicant was inducted on 11 July 1966 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).
5.  The applicant's unit, A Company, 1st Battalion, 505th Infantry, was
assigned to Vietnam on or about 14 February 1968, where he performed
infantryman duties.  He departed Vietnam on or about 10 June 1968 after
being credited with participating in two campaigns.

6.  On 14 June 1968, the applicant was honorably released from active duty
and transferred to the United States Army Reserve after completing 1 year,
11 months, and 3 days of active creditable service.

7.  The applicant's DD Form 214 shows he was awarded the Parachutist Badge,
the National Defense Service Medal, and the Vietnam Service Medal.

8.  Item 25 (Education and Training Completed) shows Basic Training, Code
of Conduct, and Basic Airborne Training.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the entry "SGW R/Arm."  Item 41 (Awards and Decorations) does
not show award of the Purple Heart.

10.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders
Number 192, dated 19 November 1968 show that the applicant was awarded the
Purple Heart for wounds received in combat by hostile forces on 1 May 1968.
 The applicant's name is also listed on the Vietnam Casualty Roster.

11.  There are no orders in the applicant's records that show he was
awarded the Combat Infantryman Badge.

12.  The applicant submitted a statement in support from his former brigade
commander, dated 12 December 2004.  The author stated, in effect, that the
applicant's unit was deployed from Fort Bragg, North Carolina, to Vietnam
in less than 24 hours and established contact with the enemy shortly after
arrival.  He further stated that throughout the applicant's time in close
combat he was exposed to every type of enemy fire and eventually he was
wounded by small arms fire.

13.  The author continued that it was a policy in his command to award
every infantry trooper the Combat Infantryman Badge after one month of
combat.

14.  The applicant provided an 82nd Airborne Division, Certificate of
Completion, dated 14 September 1967 that shows he successfully completed
the Armorers Course at Fort Bragg, North Carolina.


15.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

16.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

17.  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 the 1st Battalion, 505th Infantry it was awarded
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
for the period 12 March 1968 through 4 October 1968 by Department of the
Army General Orders Number 48, dated 1971.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action. Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

20.  Army Regulation 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 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.

21.  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

22.  Army Regulation 635-5 (Separation Documents), in effect at the time,
provided that item 25 of the DD Form 214 would reflect service schools,
including major courses which were successfully completed, and military
sponsored courses completed in civilian schools and colleges during period
covered by the DD Form 214 being prepared.  This entry included the highest
civilian education level acquired during this period of military service,
if appropriate.  For enlisted personnel, installation training courses
(qualification courses), military correspondence courses, and off-duty
courses the enlisted person completed successfully during period covered by
the DD Form 214 being prepared would be entered.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was awarded the Purple Heart while
assigned to A Company, 1st Battalion, 505th Infantry while serving as an
infantryman in an infantryman MOS position.  Therefore it appears he met
the eligibility criteria for award of the Combat Infantryman Badge.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 11 July 1966
through 14 June 1968.

3.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  He is authorized two bronze service stars to be worn on his
Vietnam Service Medal. These awards should be added to his DD Form 214.

4.  The Certificate of Completion provided by the applicant confirms that
he successfully completed the Armorers Course.  Therefore, his DD Form 214
should be amended to add "Armorers Course" in item 25.




BOARD VOTE:

__ JS ___  __ DJ ___  __ MJF _  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 Army Good Conduct Medal (1st Award) for the
period 11 July 1966 through 14 June 1968; and

      b.  amending his DD Form 214 to show Armorers Course in item 25 and
by showing he was awarded the Purple Heart, the Army Good Conduct Medal,
the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and two bronze service stars to be worn on his Vietnam
Service Medal.




                            _____Mr. John Slone ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000723                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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