RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050002288


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 Silver Star; the Bronze
Star, with "V" Device; the Combat Infantryman Badge; and the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle],
be added to his DD Form 214, Armed Forces of the United States, Report of
Transfer or Discharge.

2.  The applicant states, in effect, that he was awarded the Silver Star;
the Bronze Star Medal, with "V" Device; and the Combat Infantryman Badge
when he was wounded in October 1968.  He believes that the Purple Heart
should be with oak leaf cluster.

3.  The applicant submitted a copy of the front side of General Orders
Number 3470, which awards him the Silver Star, and a copy of his DD Form
214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 5 September 1969.  The application submitted in this case is
dated 1 February 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 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 6 September 1967.  He completed basic combat
and advanced individual training at Fort Lewis, Washington.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was selected for attendance at the Noncommissioned
Officer Candidate Course, Fort Benning, Georgia.  He was promoted to the
rank and pay grade of Corporal, E-4, on 5 February 1968.  This would be the
highest rank and pay grade the applicant would attain while he served on
active duty.

5.  The applicant served in Vietnam from 15 June 1968 through 13 December
1968.  While in Vietnam, he served with Company B, 2nd Battalion, 28th
Infantry Regiment, 1st Infantry Division.

6.  The applicant was medically evacuated to Camp Zama, Japan, on 14
December 1968, to receive medical treatment after he sustained
a fragmentation wound to the abdomen.  The applicant was further
medically evacuated to Letterman General Hospital, San Francisco,
California, on 21 December 1968. The applicant was retained at Letterman
General Hospital initially in a patient status and later in a medical
hold status.

7.  The applicant was honorably released from active duty, on 5 September
1969, under the provisions of Army Regulation (AR) 635-200, on his ETS
(expiration term of service).  He was separated in the rank and pay grade
of Private First Class, E3. On the date he was released from active duty,
he had completed 2 years active military service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Purple
Heart.  The Silver Star; the Bronze Star Medal, with "V" Device; the
Combat Infantryman Badge, and the Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle] are not shown on his DD Form
214.

9.  Item 40 (Wounds), of the applicant's DA Form 20, Enlisted
Qualification Record, shows that he received a fragmentation wound to the
buttocks on 13 October 1968. This item also shows that he sustained a
fragmentation wound to the abdomen on
7 December 1968.

10.  The applicant was awarded the Purple Heart in General Orders Number
11848, published by Headquarters, 1st Infantry Division, dated 10 November
1968.  This award of the Purple Heart is shown on the applicant’s DD Form
214.

11.  According to information recorded on an awards certificate on file
in his service personnel records, the applicant was awarded the Purple
Heart, 1st oak leaf cluster, on 12 December 1968, for wounds received in
action on 7 December 1968.  A copy of general orders apparently prepared
at the 93rd Evacuation Hospital in Vietnam announcing this award are not
in his service personnel records.  The awards
certificate bears the signature of a medical corps lieutenant colonel.
The Purple Heart, with oak leaf cluster, is not shown on the applicant's
DD Form 214.

12.  The applicant was awarded the Silver Star in General Orders Number
3470, published by Headquarters, 1st Infantry Division, dated 4 May 1969.
This award is not shown on the applicant's DD Form 214.  A copy of the
awards certificate and appropriate orders were on file in the applicant's
service personnel records.

13.  There are no orders in the applicant's military personnel records
awarding him the Bronze Star Medal, with "V" Device.  There is evidence, in
the form of an awards certificate, showing the applicant was awarded the
Bronze Star Medal, for meritorious achievement, for the period June 1968
through December 1968.  This certificate was signed by the then commander,
Major General Orwin C. Talbott.

14.  The applicant was awarded the Combat Infantryman Badge by Special
Orders Number 263, paragraph 58, published by Headquarters, 1st Infantry
Division, on 19 September 1968.  This award is not shown on the applicant
DD Form 214.

15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], by Special Orders 288, paragraph 29,
published by Headquarters, US Army Training Center Infantry, Fort Lewis,
Washington, on 24 October 1967.  This badge does not appear on the
applicant's DD Form 214.

16.  The applicant was awarded the Sharpshooter Marksmanship
Qualification Badge, with Machinegun Bar [M-60 Machinegun], by Special
Orders 3, paragraph 161, published by Headquarters, Headquarters, U.S.
Army Training Center, Infantry and Fort Lewis, on 3 January 1968.  This
badge does not appear on the applicant's DD Form 214.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], by Special Orders 103, paragraph 71,
published by Headquarters, The Student Brigade, U.S. Army Infantry School,
Fort Benning, on 30 April 1968.  This badge does not appear on the
applicant's DD Form 214.

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

19.  While in Vietnam, the applicant participated in the following three
campaigns: 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; and the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through 22
February 1969.

20.  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.

21.  Department of the Army (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, Company B, 2nd Battalion, 28th Infantry
Regiment, 1st Infantry Division, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 12 July 1965
through 16 October 1968, by Department of the Army General Order (DAGO)
Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period October 1965 through 7
April 1970, by DAGO 53, dated 1970.  These unit awards are not shown on the
applicant's DD Form 214.

22.  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 thirty consecutive days of the period cited.

23.  AR 600-8-22, paragraph 1-19, provides, in pertinent part, for the
award of an interim award to ensure that deserving acts, achievement, or
service receives recognition.  The appropriate authority may promptly award
a suitable lesser military decoration pending final action on a
recommendation for a higher award. When a higher award is approved, the
approving authority will revoke the interim award in the same order
published for the higher award.  The decoration will be returned by the
recipient, unless the higher award is awarded posthumously, in which case
the next of kin will be allowed to retain both awards.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Silver Star; the
Purple Heart, with oak leaf cluster; the Combat Infantryman Badge; the
Expert Marksmanship Qualification Badge, with Automatic Rifle Bar; the
Sharpshooter Marksmanship Qualification Badge, with Rifle, and Machinegun
Bars.  These awards are not shown on the applicant's DD Form 214.  It
would be appropriate to add them to his DD Form 214 at this time.

2.  The evidence shows that the applicant was awarded the Bronze Star
Medal, for meritorious achievement, for the period June 1968 through
December 1968.  There is no evidence, and the applicant provided none, to
show that he was awarded the Bronze Star Medal, with "V" Device, on a
permanent or on an interim basis pending approval of award of the Silver
Star.  It would be appropriate and in the interest of equity and justice
to add the already-awarded Bronze Star Medal to the applicant's DD Form
214 despite the fact that general orders are not available.

3.  The applicant served in three campaigns while he served in Vietnam.
The applicant was awarded the Vietnam Service Medal.  This award is shown
on his DD Form 214.  The applicant is entitled to award of three bronze
service stars to be affixed to his already-awarded Vietnam Service Medal
to denote his campaign participation credit.  He is entitled to a
correction of his DD Form 214 to show the Vietnam Service Medal, with
three bronze service stars, and to have these awards shown on his DD Form
214.

4.  The applicant served in a unit, at the time it 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.  He is
entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CD____  __JI___  _TDH____  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 Silver Star; the Bronze Star Medal;
the Purple Heart, with oak leaf cluster; the Combat Infantryman Badge;
the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar;
and the Sharpshooter Marksmanship Qualification Badge, with Rifle and
Machinegun Bars, to the applicant's DD Form 214;

      b.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, to denote his Vietnam service and his campaign
participation credit, and adding these awards to his DD Form 214; and


      d.  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.

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
the addition of the Bronze Star Medal, with "V" Device, to the applicant's
DD Form 214.




                            __   Thomas D. Howard__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002288                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   189                |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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