RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       5 October 2006
      DOCKET NUMBER:  AR20060003260


      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. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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, he be awarded the Purple Heart.

2.  The applicant states, in effect, that he needs to receive the Purple
Heart for injury he received in the line of duty.  This wasn't an issue
until he applied for VA [Department of Veterans Affairs] medical care and
plus, he was injured and earned that Purple Heart.

3.  The applicant provided no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 14 June 1968, the date of his release from active duty.  The
application submitted in this case is dated 22 February 2006 and was
received for processing on 3 March 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 15 September 1966.  He completed basic combat training at
Fort Ord, California, and his advanced individual training at Fort Polk,
Louisiana.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 27 February 1967 through 25
February 1968, with Headquarters and Headquarters Company, 2nd Battalion,
60th Infantry Regiment, 9th Infantry Division.

5.  The applicant was honorably released from active duty, on 14 June 1968,
under the provisions of Army Regulation (AR) 635-200, early release to
attend school.  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
and 9 months 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,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal; the Republic of Vietnam Campaign Medal; the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-14 Rifle]; the Marksman
Marksmanship Qualification Badge, with Machinegun Bar [M-60 Machinegun];
and the Marksman Marksmanship Qualification Badge, with Automatic Rifle
Bar [M-16 Rifle].  The Purple Heart is not shown on the applicant's DD
Form 214.

7.  There is an entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.  The applicant received fragmentation wounds to
the left wrist and to the right shoulder on 10 February 1968.

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

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name appears on the Vietnam Casualty List.

11.  It was noted, in the processing of the application that the applicant
served in Vietnam as a combat infantryman and was not awarded the Combat
Infantryman Badge.

12.  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.

13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968; and the Tet Counteroffensive, which extended from 30 January
through 1 April 1968.

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

15.  Item 38, of the applicant's DA Form 20, shows the applicant was
assigned to duties as a rifleman, in the MOS 11B, throughout the period of
his assignment in an infantry company of the 2nd Battalion, 60th Infantry
Regiment.

16.  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 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; and
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.  The applicant was assigned to the 2nd Battalion, 60th Infantry
Regiment, at the time the unit was cited for these unit awards.

17.  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.

18.  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.

19.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
persons who have an infantry military occupational specialty (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, 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.

20.  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.

21.  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.

22.  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 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 an entry in Item 40 (Wounds), of the applicant's DA Form 20,
to show he received a wound in action against a hostile force.  The
applicant received fragmentation wounds to the left wrist and to the right
shoulder on 10 February 1968.

3.  The applicant's name appears on the Vietnam Casualty List.
4.  Based on the evidence, the applicant is entitled to award of the Purple
Heart and to have it added to his DD Form 214.

5.  To be awarded the Combat Infantryman Badge, an applicant must have
held an infantry MOS and they must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental, or
smaller size.

6.  The applicant held an infantry MOS, was assigned to an infantry company
organic to an infantry battalion and was wounded in action against a
hostile enemy.  He is therefore entitled to award of the Combat Infantryman
Badge and to have this award added to his DD Form 214.

7.  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 15 September
1966 through 14 June 1968.

8.  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 as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

9.  The applicant served in a unit, which was awarded 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.

10.  The applicant served in Vietnam for 13 months, counting the month of
his arrival in and the month of his departure from Vietnam as full months.
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 and to have
these bars added to his separation document.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 June 1971.  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:

___JBG _  __MJF __  _SWF___  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 one overseas service bar
from the applicant's DD Form 214;

      b.  awarding the applicant the Purple Heart for wounds he received in
action on 10 February 1968 and adding this award to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period
15 September 1966 through 14 June 1968 and the Combat Infantryman Badge and
adding these awards to his DD Form 214;

      d.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and two overseas service bars and adding these awards
to his DD Form 214; and

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




                            _____James B. Gunlicks_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003260                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|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.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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