RECORD OF PROCEEDINGS


      IN THE CASE OF:    .


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20060000556


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Ms. Peguine 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, correction of his military records
to show award of the Combat Infantryman Badge, the Bronze Star Medal with
“V” Device, and the Purple Heart.

2.  The applicant states he should have received the Combat Infantryman
Badge and a “V” device for heroism affixed to his Bronze Star Medal.  He
contends he was in combat in Vietnam from 3 December 1970 to 7 August 1971.
 He also contends he had shrapnel in his left shoulder from a hand grenade,
that there was no doctor, and that he pulled the shrapnel out and continued
fighting.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 August 1971.  The application submitted in this case is dated 18 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
Bronze Star Medal with “V” Device.  There are no orders or other evidence
authorizing award of the Bronze Star Medal with “V” Device to the
applicant.  In the absence of a proper award authority for this decoration,
the applicant may request award of the Bronze Star Medal with “V” Device
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, it
will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 10 September 1969 for a period of 2 years.
He was awarded military occupational specialty (MOS) 11B (light weapons
infantryman). He arrived in Vietnam on 3 December 1970.  He served in MOS
11B assigned to Company A, 3rd Battalion, 22nd Infantry of the 25th
Infantry Division in Vietnam from 14 December 1970 through 12 April 1971.
He served in MOS 11B assigned to Company C, 1st Battalion, 46th Infantry of
the 196th Infantry Brigade in Vietnam from 13 April 1971 through 7 August
1971.  On 9 August 1971, the applicant was released from active duty in the
rank of sergeant after completing
1 year and 11 months 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, the Republic of Vietnam Campaign Medal with
Device 1960, one award of the Overseas Service Bar, the Expert Marksmanship
Qualification Badge with Rifle, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, and the First Class Gunner 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 available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

9.  Headquarters, 23rd Infantry Division General Orders Number 08914, dated

10 August 1971, show the applicant received the Bronze Star Medal for
meritorious service in connection with military operations against a
hostile force in Vietnam.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

11.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

12.  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 (1st
Battalion, 46th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 6, dated 1974.

13.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (3rd Battalion, 22nd Infantry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 51, dated 1971.

14.  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.

15.  Army Regulation 600-8-22 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, and the
medical treatment must have been made a matter of official record.

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 an infantry MOS and served
in an infantry MOS while assigned to infantry companies in Vietnam.  He
also received the Bronze Star Medal for meritorious service in connection
with military operations against a hostile force in Vietnam.  Therefore,
there is sufficient evidence on which to base award of the Combat
Infantryman Badge in this case.

2.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Vietnam.
Therefore, there is insufficient evidence on which to base award of the
Purple Heart in this case.

3.  Orders show the applicant received the Bronze Star Medal.

4.  The applicant was separated in the rank of sergeant with 23 months of
creditable active service with no time lost.  Therefore, it appears the
applicant met the eligibility criteria for the first award of the Good
Conduct Medal for the period 10 September 1969 through 9 August 1971 based
on completion of a period of qualifying service ending with the termination
of a period of Federal military service.

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 (1st Battalion, 46th Infantry) received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to it.

7.  The applicant's unit (3rd Battalion, 22nd Infantry) received the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

8.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 August 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 8 August
1974.  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 is no statute of limitations on requests for award of the Purple
Heart.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

AR_____  _LD_____  _PT_____  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:


      a.  awarding him the Combat Infantryman Badge;


      b.  awarding him the first award of the Good Conduct Medal for the
period 10 September 1969 through 9 August 1971; and

      c.  amending his DD Form 214 to add the Combat Infantryman Badge and
the Good Conduct Medal and to show that he was awarded the Bronze Star
Medal, the Vietnam Service Medal with two bronze service stars, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class 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 Purple Heart.




                                  __Allen Raub__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000556                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |107.0015                                |
|4.                      |107.0000                                |
|5.                      |                                        |
|6.                      |                                        |


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