RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       22 August 2006
      DOCKET NUMBER:  AR20050017713


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 he be awarded the Combat Infantryman Badge and
the Presidential Unit Citation and that these awards be added to his DD
Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that his lieutenant in Vietnam awarded
him and several other men the Combat Infantryman Badge and the Presidential
Unit Citation but he just noticed it was not on his DD Form 214.  He adds
that he never really looked over his DD Form 214 until recently when he
needed it for benefits.

3.  The applicant provides a copy of his DD Form 214, a copy of a PTSD
[Post- Traumatic Stress Disorder] Development Sheet, and a two and a half
page statement related to his claim of PTSD he submitted to the Department
of Veterans Affairs (VA), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice which occurred on 12 September 1968, the date he was placed on
the temporary disability retired list.  The application submitted in this
case is dated 28 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’s military records show that he was inducted into the
Regular Army on 5 May 1966.  He completed his basic combat training at Fort
Knox, Kentucky, and his advanced individual training at Fort Polk,
Louisiana. After completing all required training, he was awarded the
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 25
October 1966.  He was assigned to Company A, 1st Battalion, 5th Cavalry
Regiment, 1st
Cavalry Division.  The applicant served in Vietnam until 19 January 1967
when
he was assigned to the US Army Hospital, Camp Zama, Japan, in a patient
status.  He was further assigned to the Medical Holding Detachment, Dewitt
Army Hospital, Fort Belvoir, Virginia, on 12 March 1967.

5.  The applicant was retired by reason of temporary disability under the
provisions of Title 10, United States Code 1202, on 12 September 1968.  He
was retired in the rank/pay grade, Specialist Four/E-4, with 2 years, 4
months, and 8 days active military service, with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal; the Vietnam Service Medal;
the Republic of Vietnam Campaign Medal; the Purple Heart; and the Air
Medal.  The Combat Infantryman Badge and the Presidential Unit Citation are
not shown among his awards.

7.  There are no orders in the applicant's service personnel records to
show that he was awarded the Combat Infantryman Badge.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, to show he was
awarded the Combat Infantryman Badge.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he held and performed primary duties related to the MOS 11B, while he
served in Vietnam.  He served in active ground combat while assigned to a
cavalry regiment assigned to a cavalry division.  His service in active
ground combat is evidenced by his having been wounded in action and awarded
the Purple Heart for these wounds.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service star(s) to which the
applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following
campaign:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967.

12.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
the applicant earned the following marksmanship qualification badges on the
date shown:  the Sharpshooter Marksmanship Qualification Badge, with Rifle
Bar
[M-16 Rifle], on 11 August 1966; and the Second Class Gunner Marksmanship
Qualification Badge, with Machinegun Bar [M-60 Machinegun], on 16 August
1966.  These marksmanship qualification badges are not shown on his DD Form
214.

13.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good order while he served on active duty.  There is no record
that he was subjected to either nonjudicial punishment or to court-martial.
 There is no entry in Item 42 (Remarks), of the applicant's DA Form 20, to
indicate that he was disqualified from award of the Good Conduct Medal.

14.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows the 1st Battalion, 5th Cavalry Regiment, was
awarded the Presidential Unit Citation for the period 23 October through 26
November 1965.  The applicant's specific unit, Company A, was awarded the
Presidential Unit Citation for the period 2 through 3 October 1966.

15.  DA Pamphlet 672-3 shows the applicant's unit was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9
August 1965 through 19 May 1969, by Department of the Army General Order
(DAGO) Number 59, dated 1969.  This unit award is not shown on his DD Form
214.

16.  Army Regulation (AR) 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge.  That paragraph states that there are basically three
requirements for award of the Combat Infantryman Badge.  The Soldier must
be an infantryman satisfactorily performing infantry duties, he must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty, satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.  USARV
Regulation 672-1, Appendix V, paragraph 2.b. states, "The term "smaller
size" infantry unit used in paragraph 96, AR 672-5-1 [the applicable awards
regulation at the time of the applicant's service] is a unit of squad,
platoon, or company size.  For example, personnel possessing an infantry
MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would
be eligible for award of the Combat Infantryman Badge if other criteria are
also met."

17.  AR 672-5-1, in effect at the time of the applicant's separation
provides that 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 Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

20.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Combat Infantryman
Badge while he served in Vietnam.  The evidence does show he held an
infantry MOS.  He served in active ground combat while assigned or attached
to a cavalry unit assigned to a cavalry division.  The applicant
participated in active
ground combat as evidence by the fact he received a gunshot wound to the
left arm and was medically evacuated from Vietnam in his sixth month of
service there.

2.  Soldiers assigned to cavalry unit were specifically included among
those who were entitled to award of the Combat Infantryman Badge, provided
all other criterion for its award were met.  Based on the available
evidence, the applicant is therefore entitled to award of the Combat
Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Four, E-4, and there is no record of lost time in his
service personnel records.  The applicant earned the Purple Heart and the
Air Medal while he served in Vietnam.  Based on this excellent record of
service, he is eligible for award of the Good Conduct Medal for the
period 5 May 1966 through 12 September 1968 and to have it added to his
DD Form 214.

4.  The applicant participated in one campaign during his tour of duty in
Vietnam. He is therefore entitled to award of one bronze service star to be
affixed to his already-awarded Vietnam Service Medal and to have it shown
on his separation document.

5.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, while he was a member of the
unit.  He is entitled to this unit award and to have it added to his DD
Form 214.

6.  The unit the applicant served with, the 1st Battalion, 5th Cavalry
Regiment, was awarded the Presidential Unit Citation, for the period 23
October through 26 November 1965.  The applicant's specific unit, Company
A, was awarded the Presidential Unit Citation, for the period 2 through 3
October 1966.  The applicant was not assigned to the unit during the period
the unit was cited for this award and he is therefore not entitled to have
it added to his DD Form 214.

7.  The applicant served in Vietnam from October 1966 through March 1967.
Because both the month of arrival and the month of departure are included
in the calculation to determine award of overseas service bars, the
applicant is therefore entitled to award of one overseas service bar and to
have this bar added to his DD Form 214


8.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
the applicant earned the following marksmanship qualification badges on the
date shown:  the Sharpshooter Marksmanship Qualification Badge, with Rifle
Bar [M-16 Rifle], on 11 August 1966; and the Second Class Gunner
Marksmanship Qualification Badge, with Machinegun Bar [M-60 Machinegun], on
16 August 1966.  The applicant is therefore entitled to have these
marksmanship qualification badges added to his DD Form 214.

9.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 12 September 1968; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 11 September 1971.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS__  __J _____  __JLP___  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one bronze
service star and one overseas service bar and adding these awards to his DD
Form 214;

      c.  awarding the applicant the Combat Infantryman Badge and adding
this award to his DD Form 214;

      d.  awarding the applicant the Good Conduct Medal for the period 5
May 1966 through 12 September 1968 and adding this award to his DD Form
214;

      e.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      f.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, and the Second Class Gunner
Marksmanship Qualification Badge, with Machinegun Bar, to the applicant's
DD Form 214.

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 Presidential Unit Citation to the applicant and its addition
to his DD Form 214.




                            ___Linda D. Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017713                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 76    |107.0000                                |
|2.  157                 |107.0111                                |
|3.  77                  |107.0031                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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