RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050015954


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 and Combat Infantryman Badge.

2.  The applicant states that the award of the Purple Heart and the Combat
Infantryman Badge was not recorded on his DD Form 214.

3.  The applicant provides:

      a.  a copy of his DA Form 8-275-3 (Clinical Record Cover Sheet) that
shows the applicant's injuries and award of the Purple Heart; and

      b.  a copy of his DA Form 8-274 (Medical Condition - Physical Profile
Record) that shows the applicant's physical limitations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 March 1969, the date of his release from active duty.
The application submitted in this case is dated 25 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 records show that he was inducted into the Army of the
United States and entered active duty on 28 February 1967.  He completed
basic combat training and advanced individual training, and was awarded
military occupational specialty 11B10 (Light Weapons Infantryman).  He
served with Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division
in the Republic of Vietnam, during the period 1 September 1967 to 11
September 1968.  He was honorably released from active duty on 26 March
1969 after serving a total of  
2 years and 29 days.


4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Republic of Vietnam Campaign Medal, Republic of Vietnam Service Medal, and
 
3 Overseas Bars.  However, it does not show he was awarded the Purple Heart
or the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows that the applicant sustained a fragment wound to the left
side of his face and to the left side of his foot on 30 March 1968.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that Headquarters, 71st Evacuation Hospital General Orders Number 118,
dated  
1 April 1968, shows that the applicant was awarded the Purple Heart.

7.  Headquarters, 4th Infantry Division Special Orders Number 291, dated  
18 October 1967, show that the applicant was awarded the Combat Infantryman
Badge.

8.  Army Regulation 672-5-1 (Military Awards) paragraph 2-8b (1) provides,
in pertinent part, that the Purple Heart is authorized for the first wound
suffered under conditions indicated above, but for each subsequent award an
Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  Not
more than one award will be made for more than one wound or injury received
at the same time or from the same missile, force, explosion, or agent.
This regulation also provides that there are no time limitations on
requests for award of the Purple Heart.

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.  The applicant's record indicates entitlement to additional awards and
decorations not shown on his DD Form 214.

11.  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, 3rd Battalion, 8th Infantry was cited for an
award of the Presidential Unit Citation based on Department of the Army
General Order Number 38, dated 1971, Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Order
Number 3, dated 1970, and Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Order
Number 53, dated 1970.

12.  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 following campaigns: Vietnam Counteroffensive Phase III
(1 June 1967 to 
29 January 1968), Tet Counteroffensive (30 January 1967 to 1 April 1968),
and Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  This
same regulation states that a bronze service star will be awarded for wear
on the Republic of Vietnam Service Medal for participation in each
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show award
of the Purple Heart and the Combat Infantryman Badge.

2.  Evidence of records show the applicant was awarded the Purple Heart for
wounds received on 30 March 1968.  Therefore, the applicant is entitled to
correction of his records to show the Purple Heart on his DD Form 214.

3.  Orders show the applicant was awarded the Combat Infantryman Badge.
Therefore, the applicant is entitled to correction of his records to show
this award.

4.  Orders show that 3rd Battalion, 8th Infantry was awarded the
Presidential Unit Citation while the applicant was assigned to the unit.
Therefore, he is entitled to correction of his records to show this award.

5.  Orders also show that the same unit 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.

6.  The applicant was assigned to a unit during three campaigns; therefore,
he is entitled to three bronze service stars to be affixed to his Republic
of Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
25 March 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 are no time limitations on requests for award of
the Purple Heart

BOARD VOTE:

___cvm__  ___ym___  ____kan_  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 awards of the Purple Heart,
Combat Infantryman Badge, Presidential Unit Citation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and three bronze service stars to be
affixed to the Republic of Vietnam Service Medal.




                            _______Kathleen A. Newman_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015954                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|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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