RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060001116


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |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 award of the Combat Infantryman Badge (CIB) and
that it be added to his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

2.  The applicant states he was awarded a CIB when he was in the Mekong
Delta, Vietnam with Alpha Company, 9th Infantry Division.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 March 1970.  The application submitted in this case is dated
12 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 14 December 1967.  He
completed basic combat training and advanced individual training (AIT).  At
the completion of AIT, he was awarded military occupational specialty (MOS)
11B (Light Weapons Infantryman).  He was assigned to Company A, 2nd
Battalion, 39th Infantry, 9th Infantry Division in Vietnam as a rifleman.

4.  Headquarters, 9th Infantry Division General Orders Number 8017, dated
3 September 1968, awarded the applicant the Army Commendation Medal with
“V” Device for action on 26 July 1968.

5.  The applicant was wounded on 8 September 1968 as a result of hostile
action and was awarded the Purple Heart.  He was transferred to the 106th
General Hospital in Japan and departed the U.S. Army Pacific (USARPAC) on
12 October 1968.

6.  Item 39 (Campaigns) on the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he received campaign credit for participation
in the Vietnam Counteroffensive Phase III Campaign.
7.  He was promoted to specialist four on 12 December 1968.

8.  The applicant was released from active duty on 27 March 1970 by reason
of physical disability and was placed on the retired list.  He completed 2
years, 3 months, and 14 days of active military service with no days of
lost time.

9.  His DD Form 214 shows the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with Device (1960),
the Purple Heart, the Army Commendation Medal, the First Class Gunner
[Badge] with Machine Gun Bar, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge
with Rifle Bar.

10.  His DA Form 20 shows he received conduct and efficiency ratings of
"excellent" throughout his service.

11.  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, at the time of the
applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army General Orders Number 31,
dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation by Headquarters, Department of the Army General Orders Number
59, dated 1969.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2nd Battalion, 39th Infantry, it was
cited for award of the Presidential Unit Citation by Headquarters,
Department of the Army General Orders Number 60, dated 1969.

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 CIB was awarded only to enlisted individuals who
held and served in MOS 11B, 11C, 11F, 11G, or 11H.


15.  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.

16.  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.  The applicant performed duties in MOS 11B while assigned to an infantry
unit during such time as the unit engaged in active ground combat.  He was
also awarded the Purple Heart and a decoration for valor while assigned to
this infantry unit.  Therefore, he has met the requirements for award of
the CIB.

2.  General orders show the applicant was awarded the Army Commendation
Medal with “V” Device.  Therefore, this award should be added to his DD
Form 214.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 14
December 1967 through 27 March 1970.

4.  The applicant received credit for participation in one campaign during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
award of the Vietnam Service Medal with one bronze service star.

5.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the
Presidential Unit Citation.  Therefore, these awards should be added to his
DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 May 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:

CG______  JG______  PT______  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:

      a.  awarding him the Army Good Conduct Medal for the period
14 December 1967 through 27 March 1970;

      b.  deleting the Army Commendation Medal and the Vietnam Service
Medal from his DD Form 214; and

      c.  adding the CIB, the Army Good Conduct Medal, the Army
Commendation Medal with “V” Device, the Vietnam Service Medal with one
bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, and the Presidential Unit Citation to his DD Form 214.




                            Curtis Greenway_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001116                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]