RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060000498


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 his DD Form 214 be corrected to
show award of the Air Medal, Army Commendation Medal (ARCOM) and the Combat
Infantryman Badge (CIB).  Additionally, he requests his DA Form 20
(Enlisted Qualification Record) be changed to show his correct unit of
assignments and effective dates.

2.  The applicant states that in regards to his DA Form 20, he never served
with Company C, 1/12th Infantry, 4th Infantry Division, while in Vietnam.
The form should read Company D instead of Company C.  Additionally, he
maintains that from 29 June 1969 until 15 September 1969 he served with
Headquarters and Headquarters Company, LRRP (Long Range Reconnaissance
Platoon), 2nd Brigade, 4th Infantry Division, and returned to Company D on
16 September 1969.

3.  The applicant provides his DD Form 214, DA Form 20, supporting
statements/letters and orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1970.  The application submitted in this case is
dated           5 January 2006.

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 into the Army on 13 June 1968.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He served
in Vietnam from 27 May 1969 to 14 February 1970.  The applicant was
honorably released from active duty on 15 July 1970.



4.  The applicant’s DD Form 214 lists his last duty assignment and major
command as Company D, 1st Battalion, 12th Infantry, 4th Infantry Division.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that the applicant was awarded the Purple Heart.

6.  General Orders Number 14, dated 26 March 1970, verifies that the
applicant was awarded the Purple Heart for wounds received on 23 January
1970 in connection with military operations against a hostile force.

7.  The applicant provided a letter from his former “Battalion Commander”
while he (applicant) was assigned to Company D, 1/12th Infantry, dated 30
April 1970. The battalion commander said he would forward the applicant’s
letter to the new battalion commander and “see that you get your CIB and
Air Medal – you damned well earned them.”

8.  The applicant provided a supporting statement dated 10 December 2005,
from his former platoon leader that stated he (applicant) joined the 2nd
Brigade, LRRP, in July 1969.  The applicant was still a member of the
platoon upon the platoon leader’s departure in August 1969.  The supporting
statement from a former platoon member also verified that the applicant was
a member of Company D and later joined the LRRP prior to returning to
Company D a few months later.

9.  The applicant’s DA Form 20, lists the effective date, duty MOS,
principal duty title, organization, and station or theater of each of his
assignments.  This form shows that on 2 June 1969, the applicant was
assigned as an 11B40, Squad Leader, with Company C, 1/12th Infantry, 4th
Infantry Division.  On 16 June 1969, the applicant was reassigned to
Company D, 1/12th Infantry, 4th Infantry Division, and on 29 June 1969 he
was reassigned to Headquarters and Headquarters Company, 2nd Brigade, 4th
Infantry Division.

10.  The applicant provided a copy of General Orders Number 2330, dated
    8 April 1970, that awarded him the ARCOM for meritorious service in
connection with military operations against an armed hostile force.  He
also provided General Orders Number 2763, dated 5 May 1970, that awarded
him the Air Medal for meritorious achievement while participating in aerial
flight from 17 June 1969 to 23 January 1970.  Both orders show the
applicant’s unit of assignment as Company D, 1st Battalion, 12th Infantry,
4th Infantry Division.

11.  Army Regulation 600-8-22 (Military Awards) provides 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 (formerly known as the Total Army Personnel
Command) has advised, in similar cases, 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.

12.  Army Regulation 640-2-1 establishes the policies and provisions for
the maintenance of Army military personnel files.  The DA Form 20 used
during the former service member’s period of military service, and
subsequently replaced by the DA Form 2-1 (personnel qualification record),
are management tools used by military commanders and personnel managers to
effectively manage a Soldier’s career.  The forms are not intended to be a
historical record of a Soldier’s career nor intended for use outside, or
beyond, an individual’s military service.

13.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

14.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation or the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  The 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 the
1st Battalion, 12th Infantry, 4th Infantry Division, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation by Department of the Army General
Order Number 53, dated 1970, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Department of the Army General Order Number 3,
dated 1970.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the TET 69 Counteroffensive,
Vietnam Summer-Fall 69, and the Vietnam Winter-Spring 1970 campaigns, but
no bronze service stars are listed.


DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant's MOS was 11B, Light Weapons
Infantryman.  He served in active ground combat as verified by his award of
the Purple Heart and was assigned to 1st Battalion, 12th Infantry, 4th
Infantry Division.  Therefore, he met all the requirements and is entitled
to the award of the CIB.

2.  Orders verify that the applicant is entitled to correction of his
records to show awards of the ARCOM and the Air Medal.

3.  The applicant’s records verify his service with Company D; however, the
DA Form 20, while a permanent part of an individual's official records was
never intended to be a detailed historical record of a Soldier's career,
nor was the form intended for use outside, or beyond an individual's
military service.  Therefore, there is no basis to correct this form.

4.  Evidence of record shows that the applicant is entitled to the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he
is entitled to correction of his records to show these awards.

5.  Evidence also shows the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         14 July 1973.  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

___JI ___  ___GP __  __KJ____  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 as follows:

      a.  by awarding him the CIB;

      b.  by showing he was awarded the ARCOM and Air Medal;


      c.  by showing he is entitled to the award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation; and


      d.  by showing he is entitled to three bronze service stars to be worn
on his Vietnam Service Medal.

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
correcting his DA Form 20.




                            ______John Infante_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000498                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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