RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060000525


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camerella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the award of the Purple Heart (PH), Army Commendation Medal (ARCOM), and
the Combat Infantryman Badge (CIB).

2.  The applicant states that these awards were omitted from his records.

3.  The applicant provides a copy of a certificate awarding him the PH for
wounds received in action on 14 October 1967, a copy of a certificate
awarding him the ARCOM for meritorious service in the Republic of Vietnam
(RVN) during the period September 1967 to September 1968, and a copy of his
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 March 1969.  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's records show that he was inducted on 23 March 1967.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11C10 (Infantry Indirect
Fire Crewman).  The applicant was assigned to Company C, 1st Battalion,
35th Infantry, 4th Infantry Division and served a tour of duty in the
Republic of Vietnam during the period 11 September 1967 through 9 September
1968.  The applicant was honorably released from active duty on 21 March
1969.

4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the PH, ARCOM, or the CIB.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Record) does not show award of the PH, ARCOM, or
the CIB.

6.  There are no general orders in the applicant's records to show he was
awarded the PH, or the CIB.

7.  A review of the Vietnam Casualty Roster shows the applicant's name was
listed among those wounded.  The applicant's entry contains the injury
code 23 which indicates that he was lightly wounded in action.  The roster
further shows that the applicant sustained these injuries on 14 October
1967.

8.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

9.  Headquarters, 4th Infantry Division General Orders Number 4718, dated
2 September 1968, shows the applicant was awarded the Army Commendation
Medal for meritorious service in the Republic of Vietnam for the period
September 1967 to September 1968.

10.  The applicant's DA Form 20 shows he was an Infantryman assigned to an
Infantry unit while serving in the RVN.

11.  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 military
occupational specialty (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, 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.

12.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.


13.  The applicant's records show he had a character and efficiency rating
of excellent throughout his service on active duty and had no convictions
by
court-martial.

14.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to Company C, 1st Battalion, 35th Infantry, 4th Infantry
Division, it was cited for the award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 38, dated 1970 and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation based on Department of the Army
General Orders Number 53, dated 1970.

16.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  The applicant's records indicate he
participated in the Vietnam Counteroffensive Phase III, IV, V, and the TET
Counteroffensive campaigns.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart, Army Commendation Medal, and the Combat Infantryman Badge.

2.  The Vietnam Casualty Roster and the documents provided by the applicant
shows the applicant sustained wounds as a result of hostile action on 14
October 1967.  This is sufficient evidence to meet the criteria for award
of the Purple Heart.  As a result, the applicant is entitled to award of
the Purple Heart for wounds sustained on 14 October 1967 while in the
Republic of Vietnam and correction of his records to show this award.

3.  General Orders awarded the applicant the Army Commendation Medal.
Therefore, he is entitled to correction of his records to show the award of
the Army Commendation Medal.

4.  The evidence of record clearly establishes that the applicant was an
infantryman assigned to an infantry unit engaged in actual ground combat
against the enemy.  Accordingly, the evidence suggests that it would be in
the interest of justice to correct his records and award him the CIB at
this time.

5.  Evidence of record shows that the applicant had 1 year, 11 months, and
29 days of credible service at the time of discharge.  There is no evidence
of any conviction by court-martial contained in the applicant’s records.
Additionally, his DD Form 20 shows that he was rated “excellent” in conduct
and efficiency.  Therefore, he is entitled to correction of his records to
show award of the Army Good Conduct Medal.

6.  General Orders show the applicant’s unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation which are not shown on
his separation document.  Therefore he is entitled to correction of his
records to show two foreign unit awards.

7.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore, he is entitled to award of four bronze
service stars to be affixed to his Vietnam Service Medal.



8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 March 1972.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

__rtd___  __dac___  __rmn___  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 showing the award of the Purple Heart
for wounds sustained in the Republic of Vietnam on 14 October 1967, Army
Commendation Medal, Combat Infantryman Badge, Army Good Conduct Medal for
the period of service from 23 March 1967 through 21 March 1969, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and four bronze service
stars to be affixed to his Vietnam Service Medal.



                                  Richard T. Dunbar
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000525                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0020                                |
|3.                      |107.0056                                |
|4.                      |107.0111                                |
|5.                      |107.0094                                |
|6.                      |107.0095                                |


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