RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20060001115


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states that he served as an infantryman with an infantry
company in Vietnam, that he engaged the enemy in firefights and mortar
attacks, and that he was medically evacuated due to wounds he received in a
firefight and believes that he should have been awarded the CIB.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 May 1969.  The application submitted in this case is dated
10 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.  He was inducted on 27 April 1967 and was transferred to Fort Jackson,
South Carolina to undergo his training.  He completed his training and was
transferred to Vietnam on 12 October 1967, for assignment to Company D, 1st
Battalion, 26th Infantry Regiment as a light weapons infantryman.  He was
advanced to the pay grade of E-3 on 15 October 1967.

4.  He was wounded in action on 18 March 1968 and was medically evacuated
to the 249th General Hospital and then to Valley Forge General Hospital in
Pennsylvania.  In August 1968, he was transferred to Fort Hood, Texas,
where he remained until he was honorably released from active duty (REFRAD)
on 14 May 1969 due to the expiration of his term of service.  He had served
2 years of total active service and his DD Form 214 issued at the time of
his REFRAD shows that he was awarded the Purple Heart, the National Defense
Service Medal, the Vietnam Service Medal with two bronze service stars, the
Vietnam Campaign Medal and the Army Commendation Medal.

5.  A review of his records also shows that he was awarded the Bronze Star
Medal with “V” Device (BSM w/”V” Device) for heroism on 2 March 1968 that
was not included on his DD Form 214.

6.  There is no indication in the available records to show that he was
awarded the CIB during his service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge (CIB) is awarded to infantry officers and
to enlisted and warrant officer personnel 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 Total Army Personnel
Command has advised, in similar cases, that during the Vietnam era the CIB
was awarded only to enlisted individuals who held and served in MOS 11B,
11C, 11F, 11G, or 11H.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry unit who
engaged the enemy in combat in Vietnam, as evidenced by his award of the
Purple Heart and the Bronze Star Medal with “V” Device.  Accordingly, it
would be in the interest of justice to award him the CIB, effective 2 March
1968, the date he was cited for heroism and was awarded the BSM w/”V”
Device.

2. It is also noted that his BSM w/”V” Device was not included on his DD
Form 214.  Accordingly, it would be in the interest of justice to do so at
this time.

3.  Additionally, the applicant is entitled to awards of the RVNGC w/Palm
Unit Citation and the RVNCAHM-FC Unit Citation and to have them entered on
his records as well.


BOARD VOTE:

____MP _  ___MF__  ___GP __  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 that he was awarded the BSM
w/”V” Device and by awarding him the CIB effective 2 March 1968, the RVNGC
w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and adding all of
those awards to his records.




                            ____Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001115                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19690514                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|107.0111/157/cib        |                                        |
|2.107.0094/140/rvngc/141|                                        |
|3.107.0095/141          |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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