RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       21 September 2006
      DOCKET NUMBER:  AR20060002304


      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:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 he be awarded the Purple Heart
and the Combat Infantryman Badge and that they be added to his DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge.  He
also requests that the Social Security Account Number recorded on the DD
Form 214 be corrected.

2.  The applicant states, in effect, that he was wounded in an incident in
which his lieutenant was killed trying to disarm a booby trap in
approximately June 1966.

3.  In support of his application, the applicant submitted no additional
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and
injustice, which occurred on 30 November 1966, the date of his release from
active duty.  The application submitted in this case is dated 1 January
2006 but was received for processing on 14 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 or enlisted in the Regular Army on 25 February 1965.  He
completed basic combat training at Fort Gordon, Georgia, and his advanced
individual training at Redstone Arsenal, Alabama.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 12A (Pioneer).

4.  The applicant volunteered for and successfully completed Basic Airborne
Training and was awarded the Parachutist Badge on 8 September 1965.

5.  The applicant served in Vietnam from 18 December 1965 through 29
November 1966, with Company A, 326th Engineer Battalion, 101st Airborne
Division.

6.  The applicant was honorably released from active duty, on 30 November
1966, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Four/E-4. On the date he was released from active duty, he had completed 1
year, 9 months, and 6 days 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 National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Parachutist
Badge, and the Marksman Marksmanship Qualification Badge, with Rifle Bar
[M-14 Rifle].  The Purple Heart and the Combat Infantryman Badge are not
shown on the applicant's DD Form 214.

8.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

9.  The applicant's name does not appear on the Vietnam Casualty List.  The
name of the applicant's lieutenant, Lieutenant L**** D*****, who by the
applicant's testimony was killed trying to disarm a booby trap, does not
appear on the Vietnam Casualty List.

10.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart or the
Combat Infantryman Badge.

11.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart or the Combat Infantryman Badge.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows he held the MOS 12A until 9 September
1966 when he was reclassified to the MOS 12B (Combat Engineer).  Item 25a.
(Specialty Number and Title), of the applicant's DD Form 214, incorrectly
shows the applicant held the MOS 12R.  An MOS 12R did not exist at the time
the applicant served on active duty.

13.  Item 38, of the applicant's DA Form 20, shows he held the duty MOS
title, "Pioneer" through 9 September and on 10 September 1966 was
reassigned duty MOS titles to "Combat Chemical Engineer."

14.  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.

15.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Defense Campaign, which
extended from 8 March through 24 December 1965; the Vietnam
Counteroffensive, which extended from 25 December 1965 through 30 June
1966; and the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967.

16.  The applicant's Social Security Account Number (SSAN), which is
recorded in Item 32 (Remarks), of his DD Form 214, is incorrect.  The
middle two digits were entered as a "66" as opposed to the correct number,
"16."  All other documents that required the applicant's SSAN are correct.

17.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant 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.

18.  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 Presidential Unit Citation, for
the period 2 through 20 June 1966, by Department of the Army General Order
(DAGO) Number 59, dated 1968; the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 1 July through 31 July 1966, by DAGO
Number 21, dated 1969; the Valorous Unit Award, for the period 17 January
through 25 March 1966, by DAGO 1, dated 1969; the Meritorious Unit
Commendation, for the period July 1965 through February 1966 and for the
period 1 March through 1 October 1966, by DAGO 14, Dated 1979.  The
applicant was assigned to this unit at the time the unit was cited for
these unit awards.

19.  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.

20.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

21.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

22.  Item 29 (Qualification in Arms), of the applicant's DA Form 20, shows
he was awarded the Expert Marksmanship Qualification Badge with Automatic
Rifle Bar [M-16 Rifle], on 10 May 1965.

23.  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.

24.  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.
25.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify that the applicant was wounded as the result of hostile
action, the wound must have required medical treatment, and the medical
treatment must have been made a matter of official record.

2.  There is no evidence and the applicant has provided none to show he was
wounded as a result of hostile action.  The applicant's records are void of
any indication he was wounded while he served in Vietnam.

3.  In his application, the applicant stated that he was wounded in the
incident in which his lieutenant was killed while trying to disarm a booby
trap.  A search of the Vietnam Casualty List failed to reveal that a
lieutenant by the name he gave was killed in Vietnam as a result of hostile
or non-hostile activity.  Based on the available evidence, the applicant
has not established a basis for award of the Purple Heart.

4.  To be awarded the Combat Infantryman Badge, a Soldier must have held an
infantry MOS and served in that MOS in active ground combat while assigned
or attached to an infantry unit of brigade, regimental or smaller size.
The evidence shows the applicant did not hold an infantry MOS.  He was
classified and held the MOS 12A and was later reclassified to the MOS 12B.
The applicant's records show he performed the duties of a pioneer and as a
combat chemical engineer while assigned to a combat engineer company while
he served in Vietnam.  He is therefore not entitled to award of the Combat
Infantryman Badge, and to have it added to his DD Form 214.

5.  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 the
applicant did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 25 February
1965 through 30 November 1966.

6.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, and to have these service stars added to his DD Form
214.

7.  The applicant served in a unit, which was awarded the Presidential Unit
Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  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.

8.  The applicant served in Vietnam for 12 months, including the month of
his arrival in and the month of his departure from Vietnam.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

9.  The applicant's SSAN was recorded incorrectly in the remarks section of
his DD Form 214.  The middle two digits should be corrected to reflect the
number "16" as opposed to the number "66" now shown.  The applicant is
entitled to a correction of his DD Form 214 to reflect his correct SSAN.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 November 1969.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JCR __  __DWT _  _WFC___  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 Good Conduct Medal, for the period 25
February 1965 through 30 November 1966, and the Vietnam Service Medal, with
three bronze service stars, and two overseas service bars, and adding these
awards to the applicant's DD Form 214;

      c.  awarding the applicant; the Presidential Unit Citation; the
Valorous Unit Award; the Meritorious Unit Commendation; and the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit
awards to his DD Form 214;

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar to his DD Form 214; and

      e.  correcting the middle two digits of the applicant's SSAN which
appears in the remarks section of 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 Purple Heart and the Combat Infantryman Badge and their
addition to his DD Form 214.




                            ____William F. Crain_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002304                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/21                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.  157                 |1107.0111                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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