RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 August 2006
      DOCKET NUMBER:  AR20060000175


      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:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 he be awarded the Combat
Infantryman Badge and that it 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 he held the military occupational
specialty (MOS) 11B (Light Weapons Infantryman), served with the 2nd
Battalion, 47th Infantry, 9th Infantry Division, participated in ground
combat and received the Purple Heart for wounds he received on 1 July 1968.
 He adds that he served his country honorably during war and met the
requirements for award of the Combat Infantryman Badge.

3.  The applicant submits no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 27 August 1969, the date of his release from active duty.  The
application submitted in this case is dated 16 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 limitation 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
Army of the United States on 27 November 1967.  He completed basic combat
training at Fort Bragg, North Carolina, and his advanced individual
training at Fort Polk, Louisiana.  After completing all required training,
he was awarded MOS 11B.

4.  The applicant served in Vietnam from 9 May 1968 through 8 May 1969.  On
arrival in Vietnam, he was assigned to Company A, 2nd Battalion, 47th
Infantry Regiment, 9th Infantry Division, for duty as a light weapons
infantryman.  On 14 October 1968, he was assigned to Company D, 58th
Infantry, 93rd Military
Police Battalion for duty as a security guard.  On 24 November 1968, he was
reassigned to the US Army Depot at Qui Nhon for duty as a security guard.
He remained assigned to this unit until he departed Vietnam.

5.  The applicant was honorably released from active duty, on 27 August
1969, under the provisions of Army Regulation (AR) 635-200.  He was given
an early release to pursue employment in law enforcement.  He was separated
in the rank/pay grade of Specialist Four/E-4.  On the date he was released
from active duty, he had completed 1 year, 9 months, and 1 day of active
military service, with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].  The Combat
Infantryman Badge is not shown on the applicant's DD Form 214.

7.  The applicant was awarded the Purple Heart, for wounds received in
connection with military operations against a hostile force, by General
Orders Number 5307, Headquarters, 9th Infantry Division, dated 2 July 1968.
 This award was not shown on the applicant's DD Form 214; however, the
ABCMR Section, St. Louis, Missouri, added it to his DD Form 214 through
preparation of a DD Form 215, Correction to DD Form 214, on 26 March 1992.

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

9.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge.

10.  The applicant held and performed the duties related to the infantry
MOS, 11B.  He served in active ground combat while assigned or attached to
an infantry unit of brigade, regimental, or smaller size, as evidenced by
his having been wounded in against a hostile enemy.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings. There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

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

13.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.

14.  Department of the Army (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 that the unit the
applicant was assigned to, 2nd Battalion, 47th Infantry Regiment, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 1 December 1966 through 30 June 1968, by Department of the
Army General Order (DAGO) Number 31, dated 1969; and for the period 1 July
through 13 November 1968 by DAGO 13, dated 1969; the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, for the period 19
December 1966 through 28 June 1969, by DAGO 59, dated 1969; and the
Valorous Unit Award, for the period 6 through 12 May 1968, by DAGO 43,
dated 1970.  These unit awards are not shown on the applicant's DD Form
214.

15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Machinegun Bar [M-60 Machinegun] in Special Orders Number 065,
Paragraph 195, published by Headquarters, US Army Training Center,
Infantry, Fort Polk, Louisiana, on 13 March 1968.  This marksmanship
qualification badge is not shown on the applicant's DD Form 214.

16.  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.

17.  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.

18.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

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.  The evidence shows that the applicant held an infantry MOS.  He served
in active ground combat while assigned or attached to an infantry unit of
brigade,
regimental or smaller size.  The applicant was awarded a Purple Heart for
wounds he received in combat against a hostile force.  He is therefore
entitled to award of the Combat Infantryman Badge, and to have it added to
his DD Form 214.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore entitled to award of the Good Conduct Medal for the period 27
November 1967 through 27 August 1969.

3.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of four bronze service stars to be affixed
to his already-awarded Vietnam Service Medal to denote his campaign
participation credit and to have these awards added to his DD Form 214.

4.  The applicant served in a unit, which was awarded the Valorous Unit
Award; the Republic of Vietnam Gallantry Cross, with Palm (two awards),
Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

5.  The applicant served in Vietnam for more than 12 months.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

BOARD VOTE:

__PMT__  __JBG___  _CSG___  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars 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
27 November 1967 through 27 August 1969 and adding this award to the
applicant's DD Form 214;

      e.  awarding the applicant the Valorous Unit Award; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation (two awards); and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
and adding these unit awards to his DD Form 214; and

      f.  adding the already awarded Sharpshooter Marksmanship
Qualification Badge, with Machinegun Bar to the applicant's DD Form 214.




                            _____Curtis L. Greenway ____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR200600000175                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  157                 |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]