RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060001146


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. 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 correction of his records to show award of the
Army Commendation Medal with V Device and the Combat Infantryman Badge.
The applicant further request that his records be corrected to show that he
was promoted to specialist/pay grade E-4.

2.  The applicant states that he was a combat infantryman serving in the
Republic of Vietnam and earned the above awards.  The applicant continues
that he was promoted to E-4 before he was severely wounded from shrapnel
wounds.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a copy of an Army
Commendation Medal with V Device Certificate in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 February 1967, the date that he was retired for
permanent disability.  The application submitted in this case is dated 19
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 military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the applicant's
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  Records show that the applicant enlisted in the Regular Army on 22
March 1966.  He completed basic training and advanced individual training
and was awarded military occupational specialty 11B10 (Light Weapons
Infantry).


5.  Records show that he was assigned to Company B 1st Battalion 26th
Infantry of the 1st Infantry Division.  Records further show that the
applicant served in the Republic of Vietnam for three months and one day
and was honorably separated from active duty on 24 February 1967 for
permanent disability.

6.  The applicant's DD Form 214 does not show award of the Combat
Infantryman Badge or the Army Commendation Medal with V Device.  There are
no orders in the applicant’s service personnel records which show that he
was awarded the Combat Infantryman Badge or the Army Commendation Medal
with V Device.  This DD Form 214 shows the applicant was awarded the Purple
Heart, National Defense Service Medal, Vietnam Service Meal, and the
Vietnam Campaign Medal.  The Army Commendation Medal with V Device is not
shown as an authorized award.

7.  The applicant's DD Form 214 also shows that at the time of his
separation he was identified as a private first class/ pay grade E-3.
There are no records available which shows the applicant was promoted to
the rank of E-4.

8.  The applicant provided a copy of a certificate, dated 26 January 1967,
that awarded him the Army Commendation Medal with V Device for heroism in
the Republic of Vietnam on 21 November 1966.  This certificate was
authenticated by the major general in command.

9.  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.

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge and the Army Commendation Medal with V Device.

2.  Evidence shows the applicant was awarded and served in an infantry MOS
while assigned to an infantry unit of brigade, regimental or smaller size.
He was also awarded the Purple Heart for wounds received in action while
assigned to this unit.  Therefore, there is sufficient evidence showing
that the applicant met the criteria for award of the Combat Infantryman
Badge in this case.

3.  Records show that the applicant was awarded the Army Commendation with
V Device on 26 January 1967 for heroism in the Republic of Vietnam on
21 November 1966.  Therefore, he is entitled to correction of his records
to show this award.

4. Orders show the applicant was awarded the Vietnam Gallantry Cross with
Palm Unit Citation.  Therefore, he is entitled to correction of his record
to show this award.

5.  The applicant further contends that he was promoted to the rank of E-4
prior to his separation.  There is no evidence in the available records and
the applicant has not provided sufficient evidence showing that he was
promoted to the rank of specialist/pay grade E-4.  Therefore, there is no
basis to grant the relief requested.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 February 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 February 1970.  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

_WDP_____  _JCR  __  _KSJ__  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 showing award of the
Combat Infantryman Badge and the Army Commendation Medal with V Device.

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
amending his rank to show specialist/pay grade E-4.




                               _William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001146                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/31                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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