RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 September 2006
      DOCKET NUMBER:  AR20060002514


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 his records be corrected by
showing he was awarded the Purple Heart (PH) and Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, he believes it was just a clerical
error that resulted in the PH and CIB not being added to the list of awards
contained on his separation document (DD Form 214).  He states that at the
time of his separation at Fort Carson, Colorado, he had not received his
medical records from Fort Ord, California.  He states that he has a copy of
the orders awarding him the PH; however, he does not have the orders that
awarded him the CIB.

3.  The applicant provides PH award orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 20 June 1969, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 8 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 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 record shows that he was inducted into the Army and
entered active duty on 21 June 1967.  He was initially trained in and
awarded military occupational specialty (MOS) 11B (Infantryman), and was
later reclassified into MOS 76Y (Supply Specialist), which is the MOS he
held on the date of his REFRAD.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 23 November 1967 through
17 February 1968.  Item 38 (Record of Assignments) shows that during his
RVN tour, he was assigned to Company E, 1st Battalion, 6th Infantry
Regiment,
198th Infantry Brigade, performing duties, in MOS 11B, as an
Infantryman/Radio Telephone Operator.

5.  Item 38 of the applicant's DA Form 20 also shows that on 6 February
1968, he was assigned to the Medical Holding Detachment, 249th General
Hospital, United States Army Pacific (UARPAC) as a patient, and that on 17
February 1968, he was medically evacuated to Fort Ord, California.  It also
confirms that the applicant received "Excellent" conduct and efficiency
ratings at all of his active duty assignments.

6.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that
confirms on 31 January 1968, he received fragment wounds to his face, left
leg, and right arm.  Item 41 (Awards and Decorations) shows that during his
active duty tenure, he earned the National Defense Service Medal (NDSM),
Vietnam Service Medal (VSM), RVN Campaign Medal, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's Military Records Jacket (MPRJ) is void of any
derogatory information, or a unit commander’s disqualification that would
preclude him from receiving the Army Good Conduct Medal (AGCM).

8.  On 1 February 1968, Headquarters, 2nd Surgical Hospital, APO San
Francisco, General Orders Number 31, awarded the applicant the PH for being
wounded in action in the RVN on 31 January 1968.

9.  On 20 June 1969, the applicant was honorably REFRAD after completing a
total of 2 years of active military service.  Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 he was issued at the time shows he earned
the NDSM, VSM, and RVN Campaign Medal during his active duty tenure.

10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
roster contains an entry confirming the applicant was wounded in action in
the RVN on 31 January 1968.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.

12.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with while serving in the RVN.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

14.  Paragraph 8-6 of the awards regulation contains guidance on award of
the CIB.  It states, in pertinent part, that there are basically three
requirements for award of the CIB.  The Soldier must be an infantryman
satisfactorily performing infantry duties, must be assigned to an infantry
unit of brigade, regimental, or smaller size during such time as the unit
is engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (Company E, 1st Battalion, 6th
Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.
It also shows that during this period, credit was granted for Vietnam
Counteroffensive Phase III and TET Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, there are three basic requirements for the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit of brigade, regimental, or smaller
size during such time as the unit is engaged in active ground combat, and
must actively participate in such ground combat.

2.  In this case, the evidence of record confirms the applicant was serving
in an infantry MOS, in a qualifying infantry unit, during his tour in the
RVN.  Further, his active participation in ground combat with his
qualifying infantry unit is confirmed by the fact he received the PH for
being wounded in action on 31 January 1968.  Therefore, the regulatory
burden of proof necessary to support award of the CIB has been satisfied,
and it would be appropriate to award him the CIB and to add it to his
record at this time.

3.  The evidence of record also confirms the applicant was awarded the PH
for being wounded in action in the RVN on 31 January 1968, as evidenced by
the PH orders provided by the applicant, and entries on his DA Form 20 and
on the Vietnam Casualty Roster, the official list of RVN battle casualties.
 Thus, it would be appropriate to add the PH to his record and separation
document at this time.

4.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 21 June 1967 through 20 June 1969.

5.  The applicant's record also shows he earned the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and that based on his RVN
service and campaign participation, he is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 2 bronze service stars with his VSM.
Thus, it would also be appropriate to add these awards to his record and
separation document at this time.

BOARD VOTE:

___ENA _  __RML__  __ROM  _  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 awarding him the Combat Infantryman
Badge and Army Good Conduct Medal; by adding the Purple Heart to his record
and separation document; by showing his entitlement to the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with
his Vietnam Service Medal; and by providing him a correction to his
separation document that includes these awards.




                            _____Eric N. Anderson ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2006000514                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/06/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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