RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 October 2005
      DOCKET NUMBER:  AR20050005148


      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             |
|     |Ms. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 records to show award of the
Purple Heart, the Army Commendation Medal with "V" Device, and the Combat
Infantryman Badge.

2.  The applicant states he was involved in heavy combat many times and was
also wounded once by the enemy.

3.  The applicant provides General Orders which show he was awarded the
Purple Heart on 4 March 1969 and the Army Commendation Medal with "V"
Device on 30 April 1969, in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 May 1969, the date of his separation from the Army.  The
application submitted in this case is dated 25 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 he was inducted into the Army of
the United States on 18 August 1966 and honorably separated from active
duty for purpose of reenlistment on 23 August 1966.

4.  The applicant subsequently reenlisted on active duty on 24 August 1966
and completed basic combat training and advanced individual training and
was awarded military occupational specialty 11E20 (Armor Crewman).  He was
then assigned to the Company B, 3rd Battalion of the 5th Cavalry, 9th
Infantry Division in Vietnam for the period 5 October 1968 through 8 March
1969.  The applicant was honorably separated from active duty on 13 May
1969.




5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show he was awarded the Purple Heart, the Army Commendation Medal with
"V" Device or the Combat Infantryman Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 22 (Military Occupational Specialties) he was assigned to his
principal duty in MOS 11E20 as an Armor Crewman on 19 June 1967.  The
applicant's record also shows he held a secondary MOS of 45J20 (Aircraft
Arm Repair).

7.  Item 40 (Wounds) of DA Form 20 shows the entry: "FW (L) Hand and (L)
Knee" [finger wound left hand and left knee], date "28FEB69" [28 February
1969].

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
was authorized award of the Purple Heart and the Marksman Marksmanship
Badge with Rifle.  However, it does not show he was awarded the Combat
Infantryman Badge or the Army Commendation Medal "V" Device.

9.  The Vietnam Casualty Roster contains one entry which shows the
applicant was wounded on 28 February 1969 as a result of hostile action.

10.  General Orders Number 2517, dated 4 March 1969, awarded the applicant
the Purple Heart for wounds received in connection with military operations
against a hostile force, date of action is 28 February 1969.

11.  General Orders Number 5139, dated 30 April 1969, awarded the applicant
the Army Commendation Medal "V" Device for heroism in connection with
military operations against an armed hostile force in Vietnam, date of
action was 28 February 1969.

12.  The applicant's military service records do not contain any orders
awarding the applicant the Combat Infantryman Badge.

13.  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 (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.
14.  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.

15.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

16.  The applicant's military records from Headquarters, Fort Polk,
Louisiana, contain Special Orders Number 256, dated 4 October 1966, which
awarded the applicant the Marksman Marksmanship Qualification Badge with
Rifle Bar for qualifying with the M-14 Rifle.

17.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his records do not show any bronze service stars
indicating campaign credit.

18.  Army Regulation 600-8-22, in pertinent part, authorizes 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, which in this case is
the Vietnam Service Medal.

19.  The appendix shows he participated in the Vietnam Counteroffensive
Phase V, the Vietnam Counteroffensive Phase VI, and the Tet 69
Counteroffensive.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that the applicant was assigned to
the 9th Infantry Division which was cited for award of the Republic of
Vietnam Civil Actions Honor Medal, First Class Unit Citation by Department
of the Army General Orders Number 59, dated 1969.



21.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was also cited for award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, based on Headquarters
Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of the Purple Heart.

2.  General Orders show the applicant is entitled to award of the Purple
Heart.  This award was omitted from his DD Form 214.  Therefore, the
applicant is entitled to correction of his DD Form 214 to add this award.

3.  The applicant contends that his DD Form 214 should be corrected show
award of the Army Commendation Medal "V" Device.

4.  General Orders show the applicant is entitled to award of the Army
Commendation Medal "V" Device.  This award was omitted from his DD Form
214. Therefore, the applicant is entitled to correction of his DD Form 214
to add this award.

5.  The applicant contends that his DD Form 214 should be corrected to show
award of the Combat Infantryman Badge.

6.  The applicant's records show he performed Armor Crewman duties in MOS
11E20 as a member of Company B, 3rd Battalion of the 5th Cavalry, 9th
Infantry Division in Vietnam from 5 October 1968 through 8 March 1969.
However, this service does not qualify for award of the Combat Infantryman
Badge because the applicant was not serving in a combat infantry duty
position, at the time.

7.  In the absence of evidence which shows that the applicant served in an
infantry duty position, in an infantry unit of regimental or smaller size,
there is no basis for award of the Combat Infantryman Badge in this case.

8.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is eligible for award of three
bronze service stars to be worn on his Vietnam Service Medal.



9.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  This
award was omitted from his DD Form 214.  Therefore, the applicant is
entitled to correction of his DD Form 214 to add this foreign unit award.

10.  The applicant's personnel records show that he was authorized award of
the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying
with the M-14 Rifle.  Therefore, the applicant is entitled to correction of
his DD Form 214 to add this award.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 12 May 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__RR__  __BJE___  __HOF___  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 showing he was awarded
the Purple Heart; the Army Commendation Medal with "V" Device; the Republic
of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam
Civil Actions Honor Medal, First Class Unit Citation; the Marksman
Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-
14 Rifle; and three bronze service stars for wear on his Vietnam Service
Medal.



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 Combat Infantryman Badge.




            Barbara J. Ellis_____
                    CHAIRPERSON


      INDEX

|CASE ID                 |AR20050005148                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 October 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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