RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060000267


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 Army Commendation Medal, the
Combat Infantryman Badge, the Republic of Vietnam Parachutist Badge, the
Republic of Vietnam Campaign Medal with Device 1960, the Air Medal, and the
Good Conduct Medal.

2.  The applicant states these medals were not listed on his DD Form 214.

3.  The applicant provides numerous photographs of himself during the
Vietnam War.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
2 June 1967.  The application submitted in this case is dated 27 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 award of the
Army Commendation Medal and the Air Medal.  There are no orders or other
evidence authorizing these decorations to the applicant.  In the absence of
a proper award authority for these decorations, the applicant may request
award of the Army Commendation Medal and 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
these decorations under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted on 4 June 1964 for a period of 3 years.  He was
awarded military occupational specialty (MOS) 112.07 (ammunition gunner)
which was later changed to MOS 11C.  He served as a gunner assigned to
Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry in
Vietnam from 8 July 1965 through 12 June 1966.  On 2 June 1967, the
applicant was released from active duty in the temporary rank of specialist
four after completing 2 years, 11 months, and 29 days of creditable active
service with no time lost.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, and the Parachutist Badge as authorized awards.


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

7.  There is no evidence in the applicant’s service personnel records which
shows that he was authorized to wear the Republic of Vietnam Parachutist
Badge.

8.  There are no orders for the Good Conduct Medal in the applicant's
service personnel records.  His DA Form 20 shows he received a "Fair"
efficiency rating for the period 28 July 1966 to 15 December 1966.

9.  Records show the applicant participated in two 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 the Valorous Unit Award for actions during the period 17 January 1966 to
25 March 1966 based on Department of the Army General Orders Number 1,
dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to the Meritorious Unit Commendation for actions during the
period
29 July 1965 to 1 October 1966 based on Department of the Army General
Orders Number 1, dated 1969.

12.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

13.  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 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.  Appendix D (Foreign Badges) of Army Regulation 600-8-22 shows the
Republic of Vietnam Parachutist Badge.  Paragraph 9-30(b) of Army
Regulation 600-8-22 states that commanders (overseas and continental United
States) serving in the rank of brigadier general or higher and colonel
level commanders who exercise general court-martial authority are delegated
authority to approve the acceptance, retention, and permanent wear of
foreign badges listed in Appendix D.  This authority may not be further
delegated.  The burden of proof rests on the individual Soldier to produce
valid justification (orders, citations, or other original copies of the
foreign elements which awarded them the badge).

15.  Army Regulation 600-8-22 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.


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.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held and served in MOS 11C
assigned to a Headquarters and Headquarters Company of an infantry unit
during his assignment in Vietnam.  However, there is no evidence of record
which shows the applicant served in active ground combat while an assigned
member of an infantry unit of brigade or smaller size in Vietnam.
Therefore, there is insufficient evidence on which to base award of the
Combat Infantryman Badge in this case.

2.  There is no evidence of record which shows the applicant was authorized
to accept or wear the Republic of Vietnam Parachutist Badge.  Therefore,
there is insufficient evidence on which to amend his DD Form 214 to show
this foreign badge.

3.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with Device 1960.

4.  There are no orders for the Good Conduct Medal in the available
records.  The applicant's military records show he received an efficiency
rating of "Fair" during the period 28 July 1965 to 15 December 1966, which
is a disqualifying factor for award of the Good Conduct Medal.  Therefore,
the applicant does not meet the eligibility criteria for award of the Good
Conduct Medal.

5.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

6.  The applicant’s unit was cited for award of the Valorous Unit Award and
the Meritorious Unit Commendation while he was assigned to it.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

8.  Records show the applicant should have discovered the alleged errors
now under consideration on 2 June 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 1 June
1970.  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

JA_____  ____DD__  __JH____  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 amending his DD Form
214 to show that he was awarded the Republic of Vietnam Campaign Medal with
Device 1960, the Vietnam Service Medal with two bronze service stars, the
Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of
Vietnam Gallantry Cross with Palm 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, the Republic of Vietnam Parachutist
Badge, and the Good Conduct Medal.


                            __James Anderholm_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000267                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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