RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060002734


      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 he be awarded the Purple Heart
and that the already-awarded Combat Infantryman Badge 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 he was involved in war crimes
cases in which he reported the crimes committed by two of his superiors.
He believes this to be the reason for this error in his records.  He just
received copies of his Combat Infantryman Badge and the report of the
injury he sustained in combat.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a copy of two photographs; a copy of the Daily Staff Duty Journal
or Duty Officer's Log, prepared by the S3 Section, 1st Battalion, 52d
Infantry, for the period 0001 hours, 22 May 1968, through 2400 hours, 22
May 1968; a copy of Special Orders Number 191, paragraph 12, published by,
Headquarters, Americal Division, on 18 December 1967, which awards him the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 19 September 1968, the date he was released
from active duty.  The application submitted in this case is dated 1
November 2005 but was received for processing on 22 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 he was inducted into the Army of the
United States on 26 September 1966.  He completed basic combat training at
Fort Polk, Louisiana, and his advanced individual training at Fort Hood,
Texas.  After completing all required training, he was awarded the military
occupational specialty (MOS), 11C (Infantry Indirect Fire Crewman).
4.  The applicant served in Vietnam from 6 October 1967 through 18
September 1968.  The applicant was reassigned to Vietnam in a unit move
with Company B, 1st Battalion, 52nd Infantry Regiment, 198th Infantry
Brigade.  On 11 June 1968, he was reassigned to Company A, 4th Battalion,
21st Infantry Regiment.  He remained with this unit until he was returned
to the United States for separation processing.

5.  The applicant was honorably released from active duty, on 19 September
1968, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnees.  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, 11 months, and 24 days active military service, with no days lost.

6.  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 Good Conduct Medal; the National Defense Service
Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal;
the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar
(M-16 Rifle); and one overseas service bar.  The Purple Heart and the
Combat Infantryman Badge are not shown on the applicant's DD Form 214.

7.  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 enemy.

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

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.  The applicant was awarded the Combat
Infantryman Badge, by Special Orders Number 191, paragraph 12,
Headquarters, Americal Division, dated 18 December 1967.

10.  The applicant's name does not appear on the Vietnam Casualty List.

11.  Notwithstanding the above, the Daily Staff Duty Journal or Duty
Officer's Log, prepared by the S3 Section, 1st Battalion, 52nd Infantry,
for the period 0001 hours, 22 May 1968, through 2400 hours, 22 May 1968,
shows that at 1955 hours on 22 May 1968, the applicant and one other
Soldier were slightly injured
by shrapnel when an incoming round landed inside the perimeter.  Medical
evacuation of these Soldiers was not required.

12.  The applicant's DD Form 214 shows his 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.

13.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30
June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968.

14.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.

15.  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.

16.  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.

17.  The applicant was awarded the 1st Class Gunner Marksmanship
Qualification Badge with Mortar Bar (81mm Mortar) in Special Orders
Number 40, paragraph 65, published by Headquarters, 1st Armored Division
(Old Ironsides), dated 23 February 1967.

18.  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.

19.  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.  The evidence of record shows the applicant was slightly wounded by
shrapnel from a round that landed inside the perimeter on 22 May 1968.  It
is apparent the applicant received medical treatment since a decision was
made not to medically evacuate him and the other Soldier who were slightly
wounded by shrapnel.  The applicant is therefore entitled to award of the
Purple Heart and to have this award added to his DD Form 214.

2.  The applicant was awarded the Combat Infantryman Badge in special
orders published by the Americal Division on 18 December 1967.  The Combat
Infantryman Badge is not shown on the applicant's DD Form 214.  He is
entitled to have this badge added to his DD Form 214.

3.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of four bronze service stars to be affixed
to his Vietnam Service Medal and to have this award added to his DD Form
214.

4.  The applicant served in a unit, a subordinate unit of USARV, which was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
while he was a member of the unit.  This unit award is not shown on his DD
Form 214. He is entitled to this unit award and to have it added to his DD
Form 214.

5.  The applicant qualified and was awarded the 1st Class Gunner
Marksmanship Qualification Badge, with Mortar Bar, in Special Orders.  He
is therefore entitled to have this marksmanship badge added to his DD Form
214.

6.  The applicant served in Vietnam for 12 months, including the month of
arrival in and the month of his departure from Vietnam.  He is therefore
entitled to award of two overseas service bars, as opposed to the one
overseas service bar now shown on his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 September 1968; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 18 September 1971.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of
limitations on requests for award of the Purple Heart.  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:

_DKH____  __JKR__  ___SP __  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:

      a.  deleting the Vietnam Service Medal and the one overseas service
bar from the applicant's DD Form 214;

      b.  awarding the applicant the Purple Heart; two overseas service
bars, and the Vietnam Service Medal, with four bronze service stars, and
adding these awards to the applicant's DD Form 214;

      c.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      d.  adding the already-awarded Combat Infantryman Badge and the 1st
Class Gunner Marksmanship Qualification Badge, with Mortar Bar, to his
DD Form 214.




                            ____Susan A. Powers  ____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002734                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.  157                 |107.0111                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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