RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050018156


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad 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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the
Air Medal.

2.  The applicant states he served in Vietnam from July 1970 to October
1970 and was wounded.  He states he was an infantryman with Company C,
1st Battalion, 25th Infantry Division.

3.  The applicant provides a copy of his DD Form 214 and his orders
awarding him the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 14 December 1971.  The application submitted in this case is dated
12 December 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 requested correction of his records to show an award of
the Air Medal.  There are no orders or other evidence on file in his record
authorizing award of the Air Medal.  In the absence of a proper award
authority for this decoration, the applicant may request the Air Medal
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, the
Air Medal will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 24 February 1970 for a
period of two years.  He successfully completed basic combat training and
advanced individual training and was awarded military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  He was assigned to
Company C, 1st Battalion, 27th Infantry, 25th Infantry Division in Vietnam
as a rifleman.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
wounded in action on 12 October 1970 and was a patient at the 249th General
Hospital.

6.  General Orders Number 227, dated 13 October 1970, awarded the applicant
the Purple Heart for wounds received in action on 12 October 1970.  His DA
Form 20 shows he was medically evacuated to the United States Naval
Hospital in St. Albans, New York in November 1970.  He was credited with
participation in the Vietnam Counteroffensive Phase VII Campaign.  He was
subsequently assigned to Fort Hamilton, New York and completed on-the-job
training as a light vehicle driver in MOS 64A.

7.  He was promoted to specialist four on 4 June 1971.

8.  His DA Form 20 shows he was awarded primary MOS 64C (Truckmaster) on 21
July 1971.

9.  The applicant was released from active duty on 14 December 1971 in the
rank of specialist four.  He completed 1 year, 9 months, and 21 days of
active military service with no days of lost time.  His DD Form 214 shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Purple Heart, and the Army Commendation Medal with “V” Device.

10.  His DA Form 20 (Enlisted Qualification Record) shows he received
conduct and efficiency ratings of "excellent" throughout his service.
There is no record of disciplinary actions.

11.  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, at the time of the
applicant's assignment to the 1st Battalion, 27th Infantry, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army General Orders Number 5,
dated 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal with Device 1960.
 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 Republic of Vietnam Campaign Medal with Device (1960).

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.  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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Vietnam Service Medal and was medically
evacuated due to wounds resulting from hostile action prior to completing
six months in Vietnam.  Therefore, he is eligible for award of the Republic
of Vietnam Campaign Medal with Device (1960).

2.  The applicant was awarded MOS 11B and served as a rifleman with an
infantry unit in active ground combat in Vietnam.  Therefore, he has met
the requirements for award of the Combat Infantryman Badge.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 24
February 1970 through 14 December 1971.

4.  The applicant received credit for participation in one campaign during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
one bronze service star for wear on his Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
this award should be added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 December 1974.  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:

KN______  CM______  YM______  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:

      a.  awarding him the Army Good Conduct Medal for the period
24 February 1970 through 14 December 1971 and the Combat Infantryman Badge;

      b.  adding the Republic of Vietnam Campaign Medal with Device (1960),
the Combat Infantryman Badge, the Army Good Conduct Medal, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and


      c.  authorizing him to wear one bronze service star on his Vietnam
Service Medal.




                            Kathleen Newman_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050018156                           |
|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        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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