RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060002024


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Jonathan K. Rost              |     |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, that the Republic of Vietnam
Campaign Medal; the Combat Infantryman Badge; the Combat Action Ribbon, as
part of Task Force 117; and any other awards he may have earned while in
Vietnam be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards were never given to
him because his tour in Vietnam was cut short due to his being wounded and
sent back to the States.  He adds that he would like to legally wear the
ribbons and badges on his color guard uniform, which he believes he earned
in Vietnam.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, a copy of Item 38 (Record of Assignments), extracted from his DA
Form 20, Enlisted Qualification Record, and an article titled, "Mobile
Riverine Force, Task Force – 117" that was downloaded from the internet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 21 November 1969, the date of his release from
active duty.  The application submitted in this case is dated 9 February
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 limitation 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 records show that he was inducted into the Army of the
United States on 22 November 1967.  He completed basic combat training at
Fort Knox, Kentucky, and his advanced individual training at Fort
McClellan, Alabama.  After completing all required training, he was awarded
the military occupational specialty (MOS), 11B (Light Weapons Infantryman).
4.  The applicant served in Vietnam from 13 May 1968 through 28 June 1968,
with Company C, 3rd Battalion, 47th Infantry Regiment, 9th Infantry
Division.

5.  Item 38, of the applicant's DA Form 20, shows he was medically
evacuated to the Medical Holding Detachment, 106th General Hospital, Japan,
and was further evacuated to the Medical Holding Company, Ireland Army
Hospital, Fort Knox, Kentucky.  Item 31 (Foreign Service), of the
applicant's DA Form 20, shows his tour of duty in Vietnam was ended on 28
June 1968.

6.  The applicant was honorably released from active duty, on 21 November
1969, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank/pay grade,
Specialist Four/E-4. On the date he was released from active duty, he had
completed 2 years active military service, with no days lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Purple Heart; the National Defense Service
Medal; the Vietnam Service Medal; the Sharpshooter Marksmanship
Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); and the
Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle).
The Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and
the Combat Action Ribbon are not shown on the applicant's DD Form 214.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing that he was awarded the Republic of Vietnam
Campaign Medal, the Combat Infantryman Badge, and the Combat Action Ribbon.

9.  The applicant held and performed the duties related to the infantry
MOS, 11B. He served in active ground combat while assigned or attached to
an infantry unit of brigade, regimental, or smaller size, as evidenced by
his having been wounded in action and having been awarded the Purple
Heart.  At the time he was wounded in action, he was performing the
duties of, "Rifleman."

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following campaign
of the Vietnam War:  the Vietnam Counteroffensive, Phase IV, which extended
from 2 April through 30 June 1968.

12.  Item 38, of the applicant's DA Form 20, shows he consistently received
"excellent" conduct and efficiency ratings.  There is no evidence of any
breach of good order or discipline in his service personnel record that
would preclude award of the Good Conduct Medal.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which lists
unit awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 1 December 1966 through 30
June 1968, by Department of the Army General Order (DAGO) Number 31, dated
1969; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 19 December 1966 through 28 June 1969, by DAGO
59, dated 1969; and the Meritorious Unit Commendation, for the period 1
January through 31 December 1968, by DAGO 36, dated 1970.  The applicant
was assigned to the unit at the time the unit was cited for these unit
awards.

14.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3
years except in those cases when the period for the first award ends with
the termination of a period of Federal military service. Although there
is no automatic entitlement to the Good Conduct Medal, disqualification
must be justified.  To be eligible for award of the Good Conduct Medal,
Soldiers must meet all of the following criteria:  all conduct
(character) and efficiency ratings must be recorded as "Excellent" except
that ratings of "Unknown" for portions of the period under consideration
are not disqualifying.  Service school efficiency ratings based upon
academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

16.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included
assignment in Vietnam for 6 months or service outside the geographical
limits of the Republic of Vietnam that contributed direct combat support to
the Republic of Vietnam and its Armed Forces.  Individuals who qualified
for award of the Vietnam Service Medal or the Armed Forces Expeditionary
Medal and were evacuated prior to completing six months of service due to
wounds resulting from hostile action were entitled to award of the Vietnam
Campaign Medal.

17.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

18.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows the Secretary of the Navy authorized the Combat Action Ribbon on
17 February 1969.  It is awarded to members of the U.S. Navy, the U.S.
Marine Corps, and the U.S. Coast Guard operating under the control of the
U.S. Navy, in the grade of O-6, and below, who have actively participated
in ground or surface combat.  Department of Defense Instruction 1348.33
lists the actions for which the Combat Action Ribbon is authorized
beginning with Southeast Asia (1 March 1961) and ending with Operation
Desert Storm in 1991.  Personnel who earned the Combat Infantryman Badge,
while members of the U.S. Army, and who enlist in the Navy, Marine Corps,
or the Coast Guard, may be authorized to wear the Combat Action Ribbon
instead.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant held an infantry MOS.  He served
in active ground combat while assigned or attached to an infantry unit of
brigade,
regimental or smaller size.  The applicant was awarded a Purple Heart for
the wounds he sustained as a result of enemy action.  He is therefore
entitled to award of the Combat Infantryman Badge and to have it added to
his DD Form 214.

2.  The evidence shows the applicant was wounded in action after having
spent just over a month in Vietnam.  He was medically evacuated to Japan
from Vietnam and was further medically evacuated to the United States for
medical treatment.  The evidence shows he qualified for award of the
Vietnam Service Medal before being wounded in action.  As noted above,
and in these proceedings, he received the Purple Heart for these wounds.
The applicant is therefore entitled to award of the Republic of Vietnam
Campaign Medal and to have it added to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
he did to disqualify himself from this award.  He is therefore eligible for
award of the Good Conduct Medal for the period 22 November 1967 through 21
November 1969.

4.  The applicant served in one campaign while he served in Vietnam.  He is
therefore entitled to award of one bronze service star to be affixed to his
Vietnam Service Medal and to have this award added to his DD Form 214.

5.  The applicant served in a unit, which was awarded the Meritorious Unit
Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  These unit
awards are not shown on his DD Form 214.  He is entitled to these unit
awards and to have them added to his DD Form 214.

6.  As a member of the United States Army, the applicant is not eligible
for award of the Combat Action Ribbon.  This ribbon is the equivalent of
the Combat Infantryman Badge.  Soldiers, who have earned the Combat
Infantryman Badge while in the Army and enlist in the Navy, Marine Corps,
or the Coast Guard, may be authorized to wear the Combat Action Ribbon
instead.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 November 1969; therefore, the time

for the applicant to file a request for correction of any error or
injustice expired on 20 November 1972.  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

_DKH___  __JKR __  __SP____  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one bronze
service star, and the Republic of Vietnam Campaign Medal;

      c.  awarding the applicant the Good Conduct Medal, for the period
22 November 1967 through 21 November 1969, and adding this award to his DD
Form 214;

      d.  awarding the applicant; the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and
adding these unit awards to his DD Form 214; and

      e.  awarding the applicant the Combat Infantryman Badge and adding
this badge to his DD Form 214.
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 Combat Action Ribbon to the applicant and its addition to his
DD Form 214.




                            ______Susan A. Powers________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002024                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.  134                 |107.088                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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