RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060001168


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin 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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the Purple Heart which proves that
he was in combat.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) and Purple Heart orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 February 1971.  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 7 May 1969.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He served
in Vietnam for 30 days from 30 September 1969 to 30 October 1969.  He was
assigned to both Company C and Headquarters and Headquarters Company, 1st
Battalion (Mechanized), 5th Infantry, 25th Infantry Division.  The
applicant was honorably released from active duty on 26 February 1971.

4.  General Orders Number 287, dated 26 October 1969, show that the
applicant was awarded the Purple Heart, First Oak Leaf Cluster, for wounds
received on 25 October 1969 in connection with military operations against
a hostile force.




5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
confirms that the applicant was awarded the Purple Heart with Oak Leaf
Cluster.

6.  Army Regulation 600-8-22 provides 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
(formerly known as the Total Army Personnel Command) has advised, in
similar cases, 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.

7.  Review of the applicant's DD Form 214 indicates that he is entitled to
an additional award that is not shown on this form.

8.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  The Department of the
Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) provides, in pertinent part, for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation to all individuals who served in
Vietnam between 20 July 1965 and 28 March 1973 in a unit which was
subordinate to Headquarters, United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant's MOS was 11B, Light Weapons
Infantryman.  He served in active ground combat as verified by his award of
the Purple Heart and was assigned to 1st Battalion (Mechanized), 5th
Infantry, 25th Infantry Division.  Therefore, he met all the requirements
and is entitled to the award of the CIB.

2.  Additionally, evidence of record shows that the applicant is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
25 February 1974.  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:

___JI ___  __GP ___  ___KJ___  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:

      a.  by awarding him the CIB; and

      b.  by showing he is entitled to the award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                            ______ John Infante________
                                      CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20060001168                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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