RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015904


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William F. Crain              |     |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, award of the Vietnam Campaign Medal
and the Combat Infantryman Badge.

2.  The applicant states, in effect, that his record should include the
Vietnam Campaign Medal and the Combat Infantryman Badge.  He served in
Company E, 5th Battalion, 46th Infantry, 198th Infantry Brigade, 23rd
Infantry Division, Chulai, Vietnam, as a reconnaissance patrol squad
leader, from February to September 1971.  He also states that he witnessed
combat and was wounded.  He clearly has earned these awards and feels the
record should be modified so as to accurately reflect his service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 September 1971, the date of his separation from active duty.
The application submitted in this case is dated 27 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 applicant's military records show he was inducted and entered
active duty on 9 September 1969, as a private, pay grade E-1.  He completed
training as an infantry operations and intelligence specialist in military
occupational specialty (MOS) 11F40.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam from 3 February through 2 September 1971
and was assigned to Headquarters and Headquarters Company, 5th Battalion,
46th Infantry, 198th Infantry Brigade.  On 6 June 1971, he was assigned to
Company E, 1st Battalion, 6th Infantry, 198th Light Infantry Brigade.

5.  The applicant's records contain General Orders Number 04701, dated
19 April 1971, issued by Headquarters, 23rd Infantry Division, which
awarded him the Bronze Star Medal, for meritorious achievement in
connection with military operations against an armed hostile force from
October 1970 to 31 March 1971, in the Republic of Vietnam.  His records
also contain General Orders Number 9624, dated 29 August 1971, issued by
Headquarters, 23rd Infantry Division, which awarded him the Bronze Star
Medal, with first oak leaf cluster, for meritorious service in connection
with military operations against an armed hostile force from 1 September
1970 to 31 July 1971, in the Republic of Vietnam.

6.  The applicant was released from active duty, in pay grade E-6, on
3 September 1971, and transferred to the United States Army Reserve (USAR)
Control Group (Annual Training).  He was discharged from the USAR on
1 September 1975.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the
following awards:  the National Defense Service Medal, the Vietnam Service
Medal, the Bronze Star Medal, the Purple Heart, and the Marksman
Marksmanship Qualification Badge (M-16A1).

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  This medal was awarded by the
Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) states, in  pertinent  part,
that the first oak  leaf  cluster  is  awarded  to  denote  the  second  and
succeeding awards of certain decorations, among which  is  the  Bronze  Star
Medal.

11.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service
Medal.

12.  Department of the Army General Order Number 42, dated in 1972,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the Headquarters and
Headquarters Company, 198th Infantry Brigade, while serving in the Republic
of Vietnam from 1 April to 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in the
Republic of Vietnam and qualified for award of the Vietnam Campaign Medal.
Therefore, it would be appropriate to add the Vietnam Campaign Medal to his
records.

2.  The evidence of record also confirms that the applicant served in a
qualifying infantry MOS while in an infantry unit and was personally
present and participated in combat operations while serving in the Republic
of Vietnam.  Therefore, it would also be appropriate to award the Combat
Infantryman Badge to the applicant and to add this award to his records.

3.  The evidence of record further shows that based on the award of his
second Bronze Star Medal, he is entitled to one oak leaf cluster to be worn
on his Bronze Star Medal.

4.  The applicant served in a unit at the time it was awarded the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  He is therefore
entitled to this unit award and to have it added to his DD Form 214.

5.  While in Vietnam, the applicant participated in two campaigns.  He is
therefore entitled to award of two bronze service stars to be affixed to
his Vietnam Service Medal and to add these awards to his record at this
time.
6.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__T_____  _WDP___  __WFC__  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 his entitlement to award of
the Vietnam Campaign Medal, the Combat Infantryman Badge, one oak leaf
cluster to be worn on his Bronze Star Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and two bronze service stars to be
worn on his Vietnam Service Medal; by adding them to the list of awards
contained on his DD Form 214; and by providing him a correction to his
separation document that includes these awards.




                            __William D. Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015904                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.088                                 |
|2.                      |107.094                                 |
|3.                      |107.111                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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