RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017593


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart and the Combat
Infantryman Badge.

2.  The applicant states, in effect, he was wounded in action on 5 March
1969 in Vietnam.  He also contends he had field service with a
reconnaissance platoon as a radio operator and field duty with the 4th
Infantry Division Long Range Reconnaissance Patrol (LRRP) as a team leader.

3.  The applicant provides orders for the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
22 July 1969.  The application submitted in this case is dated 30 November
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 was inducted on 15 December 1967.  He was awarded
military occupational specialty (MOS) 05B (radio operator).  He arrived in
Vietnam on
7 June 1968.  He served in MOS 05B while assigned to Headquarters and
Headquarters Company, 3rd Battalion, 8th Infantry of the 4th Infantry
Division in Vietnam from 24 June 1968 through 21 July 1969.  On 22 July
1969, the applicant was released from active duty in the temporary rank of
sergeant after completing 1 year, 7 months, and 8 days of creditable active
service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, and two awards of the Overseas Service Bar as authorized
awards.



5.  Headquarters, 67th Evacuation Hospital General Orders Number 49, dated
7 March 1969, show the applicant received the Purple Heart for wounds
received in action on 5 March 1969 in Vietnam.  These orders show the
applicant’s unit was Company E (Recon), 3rd Battalion, 8th Infantry of the
4th Infantry Division.

6.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

7.  Headquarters, 4th Infantry Division General Orders Number 3809, dated
7 July 1969, show the applicant received the Army Commendation Medal for
meritorious service during the period July 1968 to July 1969 in Vietnam.

8.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

9.  Records show the applicant participated in five campaigns during his
assignment in Vietnam.

10.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.

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 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)
provided, in pertinent part, for award of the Combat Infantryman Badge.
Appendix 3 to Annex A of this regulation listed positions which qualified
for award of the Combat Infantryman Badge.  The regulation authorized award
of the Combat Infantryman Badge to radio operators provided their primary
duty was to accompany infantry or infantry-type units on tactical
operations.

15.  During the Vietnam era there was a LRRP Company assigned to each
infantry division and separate brigade.  LRRP units were not employed as
infantry Soldiers.  They were part of the Division Headquarters, thus not
an infantry unit of regimental or smaller size.  These units were assigned
to the Division Headquarters and were under the operational control of the
Division
G-2, their primary mission was intelligence gathering.

16.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

17.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart and the Army
Commendation Medal.

2.  Evidence of record shows the applicant held and served in MOS 05B while
assigned to an infantry unit in Vietnam and he was wounded in action.
However, he stated he served with the LRRP, 4th Infantry Division.  LRRP
units were not employed as infantry Soldiers.  Their primary mission was to
gather intelligence.  In addition, these units were part of the Division
Headquarters and thus not an infantry unit of regimental or smaller size.
Therefore, there is sufficient evidence on which to base award of the
Combat Infantryman Badge in this case.

3.  The applicant was separated in the temporary rank of sergeant with
19 months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 15 December 1967 through 22 July 1969
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

5.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 22 July 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 21 July
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 FULL RELIEF

LE_____  __PM____  __EF___  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 15 December 1967 through 22 July 1969; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Purple Heart, the Army Commendation Medal, the
Vietnam Service Medal with one silver service star, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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.



                            __Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017593                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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