RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050015497


      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. G. E. Vandenberg              |     |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 that his records be corrected by awarding him a
second Combat Infantryman Badge.

2.  The applicant states he received a Purple Heart for wounds received
24 October 1966 but was told he had not been in his unit long enough to be
awarded a second Combat Infantryman Badge.  He believes that his unit did
not take into consideration that being wounded in action was an exception
to the minimum time requirement for receipt of this award.

3.  The applicant provides a copy of a 19 November 1966 letter from the
Company C Executive Officer, 19 December 1966 Headquarters Walter Reed
General Hospital General Orders Number 37 awarding him the Purple Heart,
one page of his DA Form 20 (Enlisted Qualification Record), a 23 October
1953 DD Form 214 (Report of Separation), a 5 April 1969 DD Form 214 (Report
0f Transfer or Discharge), and a 22 June 1971 Department of the Army (DA)
Office of the Adjutant General Letter Orders Number S6-1091.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1971, the date of his retirement.  The application
submitted in this case is dated 10 October 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 records show the applicant enlisted and served in the National
Guard for the period 2 March 1948 through 18 August 1948.  He enlisted in
the Regular Army on 19 August 1948, completed training, and was awarded the
military occupational specialty (MOS) 112.70 (Rifleman) (now known as 11B
Light Weapons Infantryman).

4.  Except for a short break in service in 1953, the applicant served on
active duty continuously until he retired, as a sergeant first class (E-7),
on 31 July 1971 with 22 years, 10 months, and 14 days of active duty
service.

5.  The record shows the applicant was wounded in action while serving in
Korea on 10 July 1952 and again on 24 October 1966 while serving in
Vietnam.  Orders awarding the applicant the Purple Heart for both of these
wounds are of record.

6.  A 19 November 1966 letter from the Executive Officer, Company C, 1st
Battalion, 35th Infantry Regiment informed the applicant that he had not
served with the unit long enough to qualify for award of a second Combat
Infantryman Badge.

7.  On 7 June 1967 the applicant’s command requested permission to amend
the general orders for award of the 2nd through 5th award of the Good
Conduct Medal.  This request was made since his second award was listed as
his first, apparently due to the 1953 break in service.  The subsequent
awards were based on this error.

8.  On 27 June 1967 The Office of the Adjutant General, Washington, D.C.
granted permission to make the retroactive corrections.  However, the
corrections do not appear to have been completed.

9.  Headquarters US Army Training Command, Fort Jackson, South Carolina
General Order Number 109 awarded the applicant the Army Commendation Medal
for meritorious service for the period 20 January 1971 to 31 July 1971.

10.  The applicant’s record contains six DD Forms 214 that show his periods
of service, foreign service, and awards as follows:

      a.  19 August 1948 through 23 October 1950 – with 1 year, 7 months,
and 21 days of foreign service with no awards listed;


      b.  24 October 1950 through 23 October 1953 – with 1 year and 2 days
of foreign service and award of the Purple Heart, the Good Conduct Medal,
the Korean Service Medal with two bronze service stars, the United Nations
Service Medal, and the Combat Infantryman Badge;

      c.  no DD Form 214 is of record for the period 7 December 1953 through
3 October 1956;

      d.  4 October 1956 through 3 October 1962 – with 1 year, 6 months, and
5 days of foreign service and award of the Purple Heart, the Good Conduct
Medal (2nd award), the Army of Occupation Medal – Germany, the National
Defense Service Medal, the Korean Service Medal with two bronze service
stars, the United Nations Service Medal, the Combat Infantryman Badge, the
Expert Marksmanship Qualification Badge with Rifle Bar for the M-1 and M-14
rifles;

      e.  4 October 1962 through 5 October 1965 – with 9 months and 29 days
of foreign service and no awards listed;

      f.  6 October 1965 through 5 April 1969 – with 6 months and 9 days of
service in Vietnam and Korea and award of the Purple Heart, the Good
Conduct
Medal (3rd award), the National Defense Service Medal with one Oak Leaf
Cluster, the Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal with “1960” device; and

      g.  6 April 1969 through 31 July 1971 – with 10 months and 7 days of
foreign service and award of the Bronze Star Medal, the National Defense
Service Medal with one Oak Leaf Cluster, the Vietnam Service Medal, and the
Republic of Vietnam Campaign Medal.

11.  The applicant’s DA Form 20 indicates the following at:

      a.  item 31 (Foreign Service) service in Germany from 12 December 1948
through 15 July 1950, 10 November 1954 through 25 August 1956, and 29 March
1961 through 1 April 1963: in Korea from 1 April 1952 through 2 April 1953,
10 September 1958 through 24 September 1959 and 5 January 1965 through 13
March 1966; and in Vietnam from 3 October 1966 through 5 November 1966, and
9 July 1969 through 15 May 1970;

      b.  item 38 (Record of Assignments) service in Vietnam with Company
C, 1st Battalion, 35th Infantry Regiment, 3rd Brigade from 3 October 1966
through 5 November 1966, and with Advisory Team 66, Military Assistance
Command - Vietnam from 13 July 1969 through 14 May 1970;

      c.  item 38 also shows reassignment, as a patient, to the Medical
Holding Company, Walter Reed Army Medical Hospital, Washington, D. C. on
6 November 1966;

      d.  item 39 (Campaigns) lists three campaigns during the Korean War
and one during Vietnam;

      e.  item 40 (Wounds) lists wounds to the lower left foot and arm on
10 July 1952;


      f.  item 41 (Awards and Decoration) lists the Bronze Star Medal, the
Purple Heart with 1st Oak Leaf Cluster, the Good Conduct Medal (4th award),
the Army Occupation Medal – Germany, the National Defense Service Medal
with one Oak Leaf Cluster, the Korean Service Medal, the United Nations
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with “1960” Device, and the Combat Infantryman Badge (for Korea).


12.  The applicant’s DA Form 20 also lists his conduct and efficiency
ratings as exclusively excellent for his entire period of active duty and
there is no documentation of any derogatory or disciplinary action against
the applicant in the record.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents)
currently indicates that the DD Form 214 is to list awards and decorations
for all periods of service in the priority sequence and that periods of
service in a combat or hostile action zones are to be denoted in the
Remarks section.

14.  Previous editions of this regulation indicated that a denotation of
periods of service in a combat or hostile action zone were to be entered at
either item 22 (Foreign Service) and/or in the Remarks block.

15.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
governed the awards program in the Army theater of operations during the
Vietnam conflict.  The regulation provided that the Combat Infantryman
Badge was authorized for award to infantry personnel, satisfactorily
performing infantry duties, while assigned to an infantry unit during such
time as the unit is engaged in active ground combat, and must have been
actively participated in such ground combat.  At the time the applicant
first served in Vietnam there was a further provision that a Soldier had to
have served 30 days in a unit unless this service ended as a result of
being killed or wounded as a result of enemy action.

16.  Army Regulation 600-8-22 (Military Awards) states that:

      a.  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 active Federal military service.  A record of punishment is
not automatically disqualifying.  However, at that time, a single
efficiency rating of less than excellent was disqualifying.  Although there
is no automatic entitlement to the Good Conduct Medal, disqualification
must be justified.  Current practice requires that the commander provide
written notice of nonfavorable consideration and permits the individual to
respond.  At that time, a disqualification was normally noted on the DA
Form 20; and

      b.  a bronze service star is authorized, based on qualifying service,
for each designated campaign period listed in Appendix B of the regulation
and states that authorized bronze service stars will be worn on the
appropriate campaign or service medal.  The regulation also lists the
designated campaign periods for which a bronze service star is authorized
for wear on the Vietnam Service Medal.  Based on the applicant's dates of
service in Vietnam, Appendix B indicates he served during the following
four campaign periods:  the Counteroffensive Phase II, 1 July 1966 – 31 May
1967; the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the
Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; and the DA
Sanctuary Counteroffensive 1 May 1970 - 30 June 1970.


17.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign award to eligible US veterans of the
Korean War.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

18.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or
assigned or attached to units operating in the area of eligibility and have
been physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.

19.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

20.  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 while the applicant was
assigned his unit was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records were supposed to have been corrected to
properly denote his periods of award of the Good Conduct Medal.  This
action was not accomplished and because of this it appears that the award
of an additional Good Conduct Medal was not considered.

2.  Therefore, the records should be corrected to show the applicant was
awarded the Good Conduct Medal for each appropriate 3-year period as
authorized in 1967.

3.  Further, the applicant continued to distinguish himself by his conduct,
efficiency, and fidelity as evidenced by his combat service, his conduct
and efficiency ratings, his personal decorations, and his promotion to E-7.
 The record contains no indication of any disqualifying incidents or
recommendations.  It is appropriate to award the applicant the Good Conduct
Medal (6th award) for the period 8 December 1965 through 7 December 1968.

4.  Due to changes in the governing regulation, the applicant’s DD Forms
214 are not consistent.  Further, they omit, incorrectly identify, and/or
incompletely document the applicant’s awards and periods of foreign
service.

5.  While the applicant has not specifically requested correction of his
records to clarify his periods of foreign service, such corrections are
necessary in order to properly document his entitlement to several awards
and to properly correct his records to reflect his listed awards and
decorations.

6.  The applicant’s records should be corrected to show he had served in
Korea from 1 April 1952 through 2 April 1953, from 10 September 1958
through
24 September 1959, and from 5 January 1965 through 13 March 1966.  He
served in Vietnam for the periods from 3 October 1966 through 5 November
1966 and from 9 July 1969 through 15 May 1970.

7.  The applicant’s first period of service in Vietnam ended as a result of
his being medically reassigned due to wounds received as a result of
hostile action as denoted by his award of the Purple Heart.  Since his
service in Vietnam ended as a result of his wounds, it is appropriate to
correct his records by awarding him a second Combat Infantryman Badge for
his service in Vietnam with Company C, 1st Battalion, 35th Infantry
Regiment.

8.  In addition to the awards listed on his various DD Forms 214, the
applicant is also authorized award of the Army Commendation Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear
four bronze service stars on his Vietnam Service Medal.

9.  Since the governing regulations as to what entries were listed on a DD
Form 214 changed during the applicant’s military career it would be
appropriate to apply current standards on all recommended corrections and
for the purpose of clarity make all corrections only to the final 31 July
1971 DD Form 214.

10.  Therefore, it is appropriate to list the applicant’s awards as the
Bronze Star Medal, the Army Commendation Medal, the Purple Heart with one
Oak Leaf Cluster, the Good Conduct Medal (6th Award), the Army of
Occupation Medal with Germany Clasp, the National Defense Service Medal
with one Oak Leaf Cluster, the Korean Service Medal with two bronze service
stars, the Korea Defense Service Medal, the Republic of Korea - Korean War
Service Medal, the United Nations Service Medal, the Vietnam Service Medal
with four bronze service star, the Republic of Vietnam Campaign Medal with
“1960” Device, the Combat Infantryman Badge (2nd award), and the Expert
Marksmanship Qualification Badge with Rifle Bar.
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 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 on the 31 July 1971 DD Form
214 that:

      a.  the applicant served in Korea from 1 April 1952 through 2 April
1953, from 10 September 1958 through 24 September 1959, and from 5 January
1965 through 13 March 1966;

      b.  the applicant served in Vietnam for the periods from 3 October
1966 through 5 November 1966 and from 9 July 1969 through 15 May 1970; and

      b.  his authorized awards are the Bronze Star Medal, the Army
Commendation Medal, the Purple Heart with one Oak Leaf Cluster, the Good
Conduct Medal (6th Award), the Army of Occupation Medal with Germany Clasp,
the National Defense Service Medal with one Oak Leaf Cluster, the Korean
Service Medal with two bronze service stars, the Korea Defense Service
Medal, the Korean War Service Medal, the United Nations Service Medal, the
Vietnam Service Medal with four bronze service star, the Republic of
Vietnam Campaign Medal with “1960” Device, the Combat Infantryman Badge
(2nd award), and the Expert Marksmanship Qualification Badge with Rifle
Bar.




                                   __Allen L. Raub__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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