RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 October 2005
      DOCKET NUMBER:  AR20050000727


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann Jr.         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 award of the
Bronze Star Medal with “V” Device and the Combat Infantryman Badge.

2.  The applicant states, in effect, that neither award appears on his DD
Form 214, and he desires to update his separation document.

3.  The applicant provides a copy of a certificate of award of the Bronze
Star Medal for heroism in ground combat.  According to the certificate, the
applicant was awarded the Bronze Star Medal for heroism in ground combat in
the Republic of Vietnam on 13 November 1969.  The certificate was signed on
15 February 1970 by Major General Lloyd B. Ramsey, commanding general of
the Americal Division, and reflects the signature of Stanley R. Resor,
Secretary of the Army.  However, copies of orders announcing the award were
not in records available to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 May 1970.  The application submitted in this case is dated 1
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 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 on 2 January
1969 and completed training in Military Occupational Specialty (MOS) 11B10
(Light Weapons Infantryman).  He was then assigned to Vietnam where he
served from 25 June to 13 November 1969 with Company A, 1st Battalion, 20th
Infantry, 11th Infantry Brigade.  The applicant was medically evacuated to
Fitzsimons General Hospital where he was treated for gunshot wounds.  He
was separated from active duty on 25 May 1970 in pay grade E-4 and placed
on the Temporary Disability Retired List (as a result of his wounds) on 26
May 1970.  The applicant was permanently retired, by reason of disability,
on 1 May 1972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal with three bronze service stars; the National Defense Service Medal;
the Purple Heart; the Republic of Vietnam Campaign Medal with Device
(1960); and, the Sharpshooter Marksmanship Badge with Rifle and Machinegun
Bars.  No other awards or decorations are listed.

5.  The applicant’s records show that he was awarded the Purple Heart for
wounds incurred as a result of hostile action (enemy AK47 round) on
13 November 1969.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted personnel and warrant officers 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.

7.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
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.

9.  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 the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for the period 24 August to 31 December 1969
by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s available records awarding him
the Bronze Star Medal with “V” Device, however, his award certificate is
signed by the appropriate commander and Secretary of the Army, and the date
of the award coincides with his dates of service in Vietnam.  Additionally,
the date of the award coincides with the date of the action in which he was
wounded.  In the absence of orders, or evidence to the contrary, there is
sufficient evidence to accept the applicant’s award certificate as
authentication of entitlement to the Bronze Star Medal with “V” Device, and
in the interest of justice it would be appropriate to add the award to his
separation document at this time.

2.  The evidence of record shows that the applicant was assigned to an
infantry unit of brigade, regimental or smaller size and served in an
infantry MOS.  The very fact that he was awarded the Bronze Star Medal for
heroism and the Purple Heart indicates that he served in active ground
combat with that unit.  Therefore, he is entitled to award of the Combat
Infantryman Badge, and correction of his records to show this combat badge.

3.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 2 January 1969 to 25 May
1970.  Therefore, he is entitled to correction of his records to show this
award.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

BOARD VOTE:

___cak__  ___phm _  ____tsk__  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 showing award of:

      a. the Bronze Star Medal with “V” Device;


      b. the Combat Infantryman Badge;


      c. the first award of the Good Conduct Medal, for the period 2 January
1969 to 25 May 1970; and,


      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.




            ________Ted S. Kanamine________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000727                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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