RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060003573


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David 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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Purple Heart,
the Combat Infantryman Badge (CIB), and the Expert Marksmanship
Qualification Badge with Rifle Bar.

2.  The applicant states he was wounded on 3 August 1967 in the chest and
his fingertips were burned.  He states that he was also awarded the CIB in
Vietnam when his whole regiment, the 11th Armored Cavalry Regiment (ACR),
was awarded it.  He states that he was awarded the CIB and the Expert
Marksmanship Qualification Badge with Rifle Bar, but they are not listed on
his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, two medical
documents, and a personal photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
19 August 1967.  The application submitted in this case is dated 23
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 was inducted into the Army on 3 November 1965.  He
successfully completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 11C
(Indirect Fire Crewman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
qualified as Expert with the Pistol (.45 Caliber) on 6 May 1966 and was
awarded the Expert Marksmanship Qualification Bar with Pistol Bar.  There
is no evidence of record which shows he qualified as Expert with the Rifle.
There are no orders which show he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.
5.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted
Qualification Record) shows he was assigned to the Troop L, 3rd Squadron,
11th Armored Cavalry Regiment (ACR) in Vietnam on 20 August 1966 as a
mortarman.

6.  He was promoted to specialist four on 11 November 1966.

7.  His DA Form 20 shows he was reassigned to Troop B, 3rd Squadron,
5th Cavalry, 9th Infantry Division on 11 April 1967 as an indirect fire
crewman.

8.  The applicant’s Standard Form 502 (Narrative Summary) indicates he was
admitted to a hospital on 8 August 1967 with very superficial fragment
wounds in his chest, face, and right hand.  The physician noted the
applicant lost his finger tip pads on his right fourth and eighth fingers.


9.  The applicant departed Vietnam on 18 August 1967 and was credited with
participation in two campaigns.

10.  Item 40 (Wounds) on the applicant’s DA Form 20 does not indicate he
was wounded as a result of hostile action.  His name is not listed on the
Vietnam Casualty Roster.

11.  The applicant was released from active duty on 19 August 1967.  He
completed 1 year, 9 months, and 17 days of active military service with no
days of lost time.  His DD Form 214 shows he was awarded the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal, the Expert Marksmanship Qualification Badge with Pistol
Bar, and one Overseas Service Bar.

12.  His DA Form 20 shows he received conduct and efficiency ratings of
"excellent" throughout his service.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 3rd Squadron, 11th ACR, it was cited for
award of the Valorous Unit Award by Headquarters, Department of the Army
General Orders (DAGO) Number 1, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Squadron, 11th ACR, this unit was cited
for award of the Meritorious Unit Commendation by DAGO Number 32, dated
1969.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 3rd Squadron, 11th ACR, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by DAGO Number 60, dated 1969.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Troop B, 3rd Squadron, 5th Cavalry, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by Headquarters, DAGO Number 43, dated 1970.

17.  Army Regulation 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 the wound was the
result of hostile action, the wound must have required treatment, and 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.

18.  Army Regulation 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 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 has advised, in similar cases, that during the
Vietnam era the CIB was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

20.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.


21.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant’s Narrative Summary indicates he was admitted to a
hospital for superficial fragment wounds in his chest, face, and right
hand.  However, there are no medical documents which verify that the
applicant was wounded or injured as a result of hostile action.
Regrettably, there is insufficient evidence on which to base award of the
Purple Heart in this case.

3.  The evidence of record shows the applicant was awarded MOS 11C and
served as a mortarman and an indirect fire crewman in Vietnam.  However, he
was assigned to an armored cavalry unit, not an infantry unit during combat
in Vietnam.  Therefore, he has not met the requirements for award of the
CIB.

4.  The applicant's DD Form 214 reflects the Expert Marksmanship
Qualification Badge with Pistol Bar.  There is no evidence of record which
shows he qualified as Expert with the Rifle.  There are no orders which
show he was awarded the Expert Marksmanship Qualification Badge with Rifle
Bar.  Therefore, there is insufficient evidence to base correction of his
DD Form 214 to show the Expert Marksmanship Badge with Rifle Bar.

5.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 3
November 1965 through 19 August 1967.

6.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
two bronze service stars for wear on his Vietnam Service Medal.

7.  The applicant was assigned to a unit during a period it was awarded the
Valorous Unit Award, 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.  Therefore,
these awards should be added to his DD Form 214.


8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 August 1969.  The applicant did not file within the
3-year statute of limitations; however, based on the available (evidence or
argument), it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

WC______  JR______  DT______  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.  awarding him the Army Good Conduct Medal for the period
3 November 1965 through 19 August 1967; and

      b.  amending his DD Form 214 to show the Army Good Conduct Medal, the
Vietnam Service Medal with two bronze service stars, the Valorous Unit
Award, 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.

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, the CIB, and the Expert Marksmanship
Qualification Badge with Rifle Bar.




                            William Crain_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003573                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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