RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050004820


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, all decorations, medals,
commendations, and campaign ribbons not noted on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) be added to
his DD Form 214.

2.  The applicant states, in effect, that he is entitled to the Purple
Heart, Combat Infantryman Badge, Vietnam Campaign Medal with "1960" Device,
Vietnam Service Medal, and Marksman Badge with Rifle Bar.

3.  The applicant provides a copy of his DD Form 214 dated 3  October  1968,
clinical record cover sheet, chronological record of medical care,  copy  of
orders awarding him the Purple Heart, and  orders  reassigning  him  to  the
United States Army Reserve Control Group.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   3 October 1968, the date of his separation from active duty.
The application submitted in this case is dated 21 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 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's military records show that he entered active duty on
          10 November 1966 for a term of 2 years.  He successfully
completed basic training and advanced individual training and was awarded
the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
He served in Vietnam from 19 October 1967 through 26 March 1968 as a member
of Headquarters and Headquarters Company, 5th Battalion, 60th Infantry, 9th
Infantry Division; 27 March 1968 through 14 September 1968 as a member of
   Company D, 5th Battalion, 60th Infantry, 9th Infantry Division; and 15
September 1968 through 3 October 1968 as a member of Company D, 1st
Battalion (Mech) 16th Infantry, 1st Infantry Division.  He was honorably
discharged on 3 October 1968 and assigned to the United States Army Reserve
Control Group.

4.  The applicant's DD Form 214 shows in item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) only the National Defense Service Medal.

5.  The applicant's records contain Headquarters, 9th Infantry Division
General Orders Number 7084 dated 14 August 1968, which awarded him the
Purple Heart, for wounds received in connection with military operations
against a hostile force on 12 August 1968.

6.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows that the applicant qualified as a sharpshooter
with the M-14 rifle.

7.  Item 39 (Campaigns) of the applicant's DA Form 20 shows the applicant
received credit for participation in the Vietnam Counteroffensive, Phase
III.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, "the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat."  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service is authorized
for wear on the Vietnam Service Medal.  Based on the applicant's dates of
service in Vietnam, Appendix B indicates he participated in the following
four campaigns: Counteroffensive Phase III, 1 June 1967 - 29 January 1968;
Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive IV,
2 April - 30 June 1968; and Counteroffensive Phase V, 1 July - 1 November
1968.

11.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

12.  Army Regulation 600-8-22 provides 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.  The regulation states that, after 27 June 1950 to the present
time, the current standard for award of the Army Good Conduct Medal is 3
years of qualifying service, but as little as one year is required for the
first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

13.  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 5th Battalion, 60th Infantry, that unit was
awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart on 14 August
1968 for wounds received in action on 12 August 1968.

2.  Records show that the applicant was awarded an infantry military
occupational specialty, that he was assigned to an infantry unit of brigade
or smaller size and that he served in active ground combat.  He should be
awarded the Combat Infantryman Badge.

3.  Records show that the applicant qualified with the M-14 Rifle and
earned the Sharpshooter Badge.

4.  Therefore, the applicant's DD Form 214 should be corrected to show the
Purple Heart, the Combat Infantryman Badge, and the Sharpshooter Badge for
the M-14.

5.  Based on the applicant's service and campaign participation in the
Republic of Vietnam, the applicant is entitled to award of the Vietnam
Service Medal with four bronze service stars, the Vietnam Campaign Medal
with "1960" Device, the Valorous Unit Award, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to
correction of his records to show these awards.

6.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings.  His records contain no indication of any disqualifying incidents
or recommendations.  Therefore, he should be awarded the Army Good Conduct
Medal for the period 10 November 1966 through 3 October 1968.

7.  Record show the applicant should have discovered the alleged error or
injustice now under consideration on 3 October 1968.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on             2 October 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___lds __  __rmn___  __reb___  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 the Combat Infantryman Badge and the Army Good Conduct
Medal for the period 10 November 1966 through 3 October 1968; and

      b.  adding the Purple Heart, the Combat Infantryman Badge, the Good
Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Civil
Actions Honor Medal First Class, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, Vietnam Service Medal with four bronze service
stars, Vietnam Campaign Medal with "1960" Device, and the Sharpshooter
Badge for the M-14 to his separation document.




                            _____Linda D. Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004820                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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