RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050013698


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart, Combat Infantryman Badge, Bronze Star Medal with
"V" Device, Noncommissioned Officer Candidate (NCOC) Course, On-The-Job
Training (OJT), Advance Individual Training (AIT), and Expert Marksmanship
Qualification Badge with Rifle Bar (M16).

2.  The applicant states that he noticed the awards were missing when he
filed his claim with the Department of Veterans Affairs (VA).

3.  The applicant provides:

      a.  a copy of his DD Form 214;

      b.  a copy of his Purple Heart Certificate; and

      c.  a copy of Headquarters, 67th Evacuation Hospital General Orders
that awarded the applicant the Purple Heart.

4.  The applicant elected the American Legion as his counsel.

COUNSEL’S REQUEST, STATEMENT AND EVIDENCE:

On 24 May 2006, the Army Board for Correction of Military Records notified
the American Legion of the applicant's pending application and requested
that they review his records within 30 days.  However, the American Legion
has not provided a brief within the allotted timeframe.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 July 1971, the date of his release from active duty.
The application submitted in this case is dated 3 September 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 requested correction of his records to show award of the
Bronze Star Medal with "V" Device.  There are no orders or other evidence
that the applicant was authorized this award.  In the absence of authority
for this award, the applicant may request award of the Bronze Star Medal
with "V" Device under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this award under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant's records show that he entered active duty on 26 February
1969.  He completed basic combat training and advanced individual training,
and was awarded military occupational specialty 11B10 (Light Weapons
Infantryman).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaigns Ribbons Awarded or Authorized) of the applicant's DD Form  
214 show the applicant was awarded the National Defense Service Medal,
Parachutist Badge, Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal with “1960” Device.  However, it does not show he was
awarded the Purple Heart, Combat Infantryman Badge, or the Expert
Marksmanship Qualification Badge with Rifle Bar (M16).

6.  Item 25 (Education and Training Completed) of the applicant's DD Form  
214 shows he completed Basic Combat Training and Basic Airborne School, and
completed training classes for the Geneva Convention; Military Justice;
Chemical, Biological, Radiological Training; Code of Conduct; and the
Benefits of Honorable Discharge.  However, it does not show NCOC School -
Fort Benning, GA (3 months); OJT - Fort Gordon, GA (2 months); or AIT -
Fort Gordon
(2 months).

7.  There are no orders in the applicant's records that show the applicant
was awarded the Combat Infantryman Badge or Expert Marksmanship
Qualification Badge with Rifle bar (M16).

8.  Item 38 (Record of Assignment) of the DA Form 20 (Enlisted
Qualification Record) shows he served with Company D, 1st Battalion
(Airborne), 
503rd Infantry, 173rd Infantry Airborne Brigade, in the Republic of
Vietnam,
during the period 23 March 1970 to 25 May 1970.  He was honorably released
from active duty on 16 July 1971 after serving 2 years and 3 months of
active service.

9.  Headquarters, 67th Evacuation Hospital General Orders Number 122,
dated
24 May 1970, awarded the applicant the Purple Heart for wounds received in
action on 22 May 1970.

10.  Headquarters, 3rd Advanced Individual Training Brigade (Infantry),
U.S. Army Training Center, Special Orders Number 126, dated 16 June 1969,
awarded the applicant the Marksman Marksmanship Qualification Badge with
Automatic Rifle Bar (M-16).

11.  Headquarters, The Candidate Brigade (Provisional), U.S. Army
Infantry School, Special Orders Number 264, dated 29 October 1969, shows
that the applicant was attached to an AIT unit at Fort Polk, Louisiana to
attended OJT Phase II of the NCOC Course.

12.  Headquarters, the Candidate Brigade (Provisional), U.S. Army
Infantry School, Special Orders Number 268, dated 3 November 1969, shows
that the applicant was promoted to sergeant as a result of graduating
from the NCOC Course.

13.  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 military
occupational specialty (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.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, Company B, 1st Battalion (Airborne), 503rd
Infantry, was cited for an award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based
on Department of the Army General Order Number 51, dated 1971; and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
based on Department of the Army General Order Number 5, dated 1973.

16.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Winter-Spring 1970 and DA Sanctuary
Counteroffensive 1970.  This same regulation states that a bronze service
star will be awarded for wear on the Vietnam Service Medal for
participation in each campaign.

DISCUSSION AND CONCLUSIONS:

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

2.  Orders show that the applicant was awarded the Purple Heart.
Therefore, the applicant is entitled to correction to show this award.

3.  Evidence of record shows the applicant served in an infantry MOS as a
Team Leader, with Company B, 1st Battalion (Airborne), 503rd Infantry, in
the Republic of Vietnam during the period 23 March 1970 to 25 May 1970.
Records further show that during the period he was assigned, his unit was
actively engaged in ground combat with the enemy.  It is reasonable to
presume that the applicant was personally present and under hostile fire
while serving in an assigned infantryman primary duty.  Therefore, he is
entitled to award of the Combat Infantryman Badge and correction of his
records to show this award.

4.  Orders show that Company B, 1st Battalion (Airborne), 503rd Infantry,
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 while the applicant was assigned to the unit.  Therefore, he is
entitled to correction of his records to show these foreign unit awards.

5.  Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with Automatic Rifle Bar (M-16).  Therefore, he is
entitled to correction of his records to show this award.

6.  Orders show the applicant completed the required OJT Phase II and NCOC
Course.  Therefore, he is entitled to correction of his records to add both
entries to item 25 of the DD Form 214.

7.  Records show that the applicant completed AIT at Fort Gordon, GA.
Therefore, he is entitled to correction of his records to add AIT, Fort
Gordon
(2 months).

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

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
15 July 1974.  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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

___alr___  ___lmd___  ___pmt__  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 waive failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show award of the Purple Heart; Combat
Infantryman Badge; Republic of Vietnam Gallantry Cross with Palm Unit
Citation; Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; Marksman Marksmanship Qualification Badge with Automatic Rifle
Bar (M-16); NCOC Course, Fort Benning, GA (3 months); OJT Phase II, Fort
Gordon, GA
(2 months); AIT, Fort Gordon, GA (2 months); and two bronze stars to be
affixed to his Vietnam Service Medal.




                            ________Allen L. Raub______________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050013698                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|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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