RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 November 2005
      DOCKET NUMBER:  AR20050004267


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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, in effect, that he be awarded the Good
Conduct Medal; the Vietnam Service Medal, with one or two bronze service
stars; the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; the Combat Infantryman Badge, the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar; the Presidential Unit
Citation; the Meritorious Unit Commendation; and the Valorous Unit Award;
and that these awards 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 these  awards  were  omitted  from
his DD Form 214 when he was released from active duty.

3.  The applicant submits a copy of his DD Form 214; a copy of his DA Form
20, Enlisted Qualification Record; and a copy of a reply he received from
the National Personnel Records Center, dated 14 March 2005; in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 21 March 1968.  The application submitted in this case is dated
17 March 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 23 March 1967.  While on active duty, the
applicant served in the military occupational specialty (MOS), 11B (Light
Weapons Infantryman).  He was promoted to the rank of Sergeant, E-5, on 20
January 1968.

4.  The applicant served in Vietnam from 6 September 1967 through 6
February 1968.  He was assigned to the 3rd Battalion, 60th Infantry, 9th
Infantry Division.

5.  Item 40 (Wounds), of the applicant's DA Form 20, shows he was wounded
in action, at about 1800 hours, on 4 February 1968, near Vinh Long,
Republic of Vietnam.  He sustained multiple wounds to his left thigh and
to his right lower extremities.

6.  The applicant was honorably released from active duty, on 21 March
1968 (sic), under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Sergeant, E-5. On the date he was released from active duty, he
had completed 1 year, 11 months, and 29 days active military service.

7.  In processing this case, it was noted the date in Item 11.d. (Effective
Date) of his release from active duty, entered on his DD Form 214, is not
correct.  The date shown in this item, 21 March 1968, should have been
entered to reflect the date, 21 March 1969.  The date 21 March 1969 is
corroborated by other dates in the applicant's service record.  Even though
the applicant did not request correction of this date, a correction is
deemed necessary.

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 Purple Heart; the Republic of Vietnam Campaign
Medal, with '60 Device; the National Defense Service Medal; and the
Marksman Marksmanship Qualification Badge, with Rifle Bar.

9.  The Combat Infantryman Badge; the Good Conduct Medal; the Vietnam
Service Medal, with one or two bronze service stars; the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar;
the Presidential Unit Citation; the Meritorious Unit Commendation; and the
Valorous Unit Award; are not shown on the applicant's DD Form 214.

10.  The applicant was released from active duty on temporary records.  It
appears his records were lost in transit from Vietnam to the United States.
 The applicant was medically evacuated from Vietnam to the 249th General
Hospital in Japan after he was wounded in action in Vietnam.

11.  There are no orders in the applicant's service personnel records to
show he was awarded the Good Conduct Medal or the Combat Infantryman
Badge.
12.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
shows the applicant received "excellent" conduct and efficiency ratings
after he was released from hospitalization for his wounds, to the end of
his induction period.  Item 38 shows the applicant was assigned the
duties of Platoon Sergeant (normally filled by a Soldier in the pay grade
E-7) on 4 December 1968 and apparently served satisfactorily.  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.  It
is reasonable to assume that all his previous conduct and efficiency
ratings would have been "excellent."

13.  The applicant's DD Form 214 does not show entitlement  to  the  Vietnam
Service Medal or his entitlement to any bronze service stars to  denote  his
campaign participation while he served in Vietnam.

14.  While in Vietnam, the applicant participated in two campaigns:  the
Vietnam Counteroffensive, Phase III, which extended from 1 June 1967
through 29 January 1968; and the Tet Counteroffensive, which extended
from 30 January through 1 April 1968.

15.  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 the unit the applicant
was assigned to was awarded the Presidential Unit Citation, for the period
29 January through 4 March 1968, by Department of the Army General Orders
(DAGO) Number 45, dated 1969; and the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 1 December 1966 through 30 June
1968 by DAGO 31, date 1969.  These unit awards are not shown on the
applicant's DD Form 214.

16.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
that he earned the Expert Marksmanship Qualification Badge, with Automatic
Rifle Bar [M-16 Rifle], on 21 January 1969.  This marksmanship
qualification badge is not shown on his DD Form 214.

17.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the 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.  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.

18.  AR 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 (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 individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

19.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Service Medal.  This medal is awarded to all members of the Armed Forces of
the United States for qualifying service in Vietnam after 3 July 1965
through 28 March 1973. Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

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.  AR 670-1, in effect at the time, governed the requirements for the
Overseas Service Bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings from the
date of his release from the hospital and his restoration to duty to the
end of his induction.  He was promoted to sergeant E-5 in a period of ten
months.  He was wounded in action and received the Purple Heart before he
was medically evacuated to the Japan then to the United States.  As an E-5,
he was given the job of an E-7 (Platoon Sergeant) and he apparently served
in this position satisfactorily.  There is no evidence of indiscipline
while he served on active duty. The applicant was not awarded the Good
Conduct Medal, it appears, more as a result of administrative oversight
rather than something the applicant did to disqualify himself from this
award.  He is therefore eligible for award of the Good Conduct Medal for
the period 23 March 1967 through 21 March 1969.

2.  There is no evidence the applicant was awarded the Combat Infantryman
Badge; however, the evidence shows he held an infantry MOS, he served in
active ground combat, and was assigned to an infantry unit of brigade,
regimental or smaller size, when he was wounded in action against a
hostile enemy force.  He is therefore entitled to award of the Combat
Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with two
bronze service stars, and to have them shown on his DD Form 214.

4.  The applicant served in a unit at the time the unit was awarded the
Presidential Unit Citation; the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his
DD Form 214.

5.  The evidence shows the applicant was awarded the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar.  This marksmanship
qualification badge is not shown on his DD Form 214.  He is entitled to
have it added to his DD Form 214 at this time.

6.  The applicant served in Vietnam for over six months.  He is therefore
entitled to award of one overseas service bar and to have this bar added
to his DD Form 214.
7.  There is insufficient evidence, and the applicant provided none to show
the unit he served with in Vietnam was awarded the Valorous Unit Award and
the Meritorious Unit Commendation.  He is therefore ineligible for award of
these unit awards and to have them added to his DD Form 214.

8.  Item 11.d. of the applicant's DD Form 214 is incorrect.  The date in
this item, 21 March 1968, should have been entered to reflect the date, 21
March 1969.  The date 21 March 1969 is corroborated by other dates in the
applicant's service record.  Even though the applicant did not request
correction of this date, a correction is deemed necessary.

BOARD VOTE:

_________  ________ _______  GRANT FULL RELIEF

___MKP__  __LDS___  _MJF__  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.  awarding the applicant the Good Conduct Medal for the period 23
March 1967 through 21 March 1969 and adding this award to his DD Form
214;

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

      c.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and adding this award to the applicant's DD Form 214;

      d.  awarding the applicant the Presidential Unit Citation; 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;


      e.   adding  the  already-awarded  Expert  Marksmanship  Qualification
Badge, with Automatic Rifle Bar, to the applicant's DD Form 214;

      f.  awarding the applicant one overseas service bar for his service
in Vietnam, and adding this bar to his DD Form 214; and

      g.  correcting the date show in Item 11.d., of the applicant's DD
Form 214, to reflect the date 21 March 1969.

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 Valorous Unit Award and the Meritorious Unit Commendation to
the applicant and addition of these unit awards to his DD Form 214.




                                      M.K. Patterson
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004267                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   102                |107.0056                                |
|3.   157                |107.0111                                |
|4.   119                |107.0073                                |
|5.   140                |107.0094                                |
|6.   141                |107.0095                                |


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