RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 NOVEMBER 2006
      DOCKET NUMBER:  AR20060005326


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that his records be corrected to show award of
the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he sustained a gunshot wound to his right foot
while serving in Vietnam and was awarded a Bronze Star Medal with "V"
device for the same contact.

3.  The applicant provides a copy of his award of the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 4 May 1970.  He was trained as an infantryman (11B)
and in September 1970 was assigned as a rifleman with the 187th Infantry in
Vietnam.

2.  According to an entry in item 40 (wounds) on his Department of the Army
Form 20 (Enlisted Qualification Record), the applicant sustained a gunshot
wound to his right foot on 17 January 1971.  He was subsequently awarded a
Bronze Star Medal for his heroic actions that same day.

3.  The applicant was evacuated from Vietnam as a result of his combat
wound and treated at a Naval Hospital in New York.  An undated document in
his file, which appears to be the second page of what may have been orders
awarding the Purple Heart, notes "Purple Heart Certificates were not
presented" but that "by copy of these, orders, it is request that the
appropriate entry be made in the appropriate service record."

4.  The applicant was ultimately discharged on 22 July 1971 when his name
was placed on the Temporary Disability Retired List as a result of his
combat wound.  He was subsequently permanently retired.

5.  On 6 April 1971, after the applicant had already departed Vietnam, he
was awarded an Army Commendation Medal for meritorious achievement during
the period 1 October 1970 to 28 February 1971.  The award, which was
confirmed in orders issued by the 101st Airborne Division, was omitted from
his separation document.

6.  There are basically three requirements for award of the Combat
Infantryman Badge.  The soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Vietnam
Counteroffensive) during the applicant’s period of assignment.  One bronze
service star on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.

8.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s conduct and efficiency
ratings throughout his military service were excellent, and he had no
record of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile
action on 17 January 1971 and was, in all likelihood awarded the Purple
Heart while receiving treatment at the Naval Hospital in New York.  It
would be appropriate and in the interest of justice to confirm his award of
the Purple Heart and correct his records accordingly.

2.  The evidence confirms the applicant was an infantryman (11B), assigned
to an infantry element, and his award of the Bronze Star Medal for valor
and combat wound confirm his participation in ground combat.  The applicant
met the eligibility requirements for award of the Combat Infantryman Badge.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 22 July 1971.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 4 May 1970 through 22 July 1971.

4.  The applicant's Army Commendation Medal was omitted from his separation
document.  It would be appropriate to correct his separation document to
reflect that award.

5.  The applicant is also entitled to one bronze service star on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.  His records should be corrected to reflect that
information.

BOARD VOTE:

___JM __  ___SP __  __DP ___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by awarding him the Purple Heart for wounds received on
17 January 1971;

      b.  by awarding him the Combat Infantryman Badge;
      c.  by awarding him the Army Good Conduct Medal for the period 4 May
1970 through 22 July 1971; and


      d.  by amending his DD Form 214 to add a bronze service star to be
worn on his Vietnam Service Medal, a Republic of Vietnam Gallantry Cross
Unit Citation with Palm, and the Army Commendation Medal.




                                  _____  John Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005326                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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