RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060005486


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 (Report of
Transfer or Discharge) to show award of the Purple Heart and the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he may qualify for award of the
Combat Infantryman Badge due to special provisions (i.e., Vietnam veterans
serving in other than an infantry military occupational specialty (MOS) in
country for 30 consecutive days that served in an advisory capacity and
came under hostile enemy action).  He states that he served as a military
intelligence specialist and went into the field on a few occasions and on
at least on one occasion he came under enemy fire.  He states that in June
1967 he was severely wounded as a result of a booby trapped land mine.  He
states, in effect, that he qualified in an “advisory capacity” because he
was the only one in the area at the time who knew the location of suspected
landmines set against them and he led a squad of infantry to the area in
question.  They located and destroyed one mine and were in the process of
searching for others when one exploded, killing two men and severely
wounding the radioman and himself.

3.  The applicant provides orders for the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 September 1967.  The application submitted in this case is dated 31
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 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 enlisted on 6 November 1958.  He served as a stenographer
in Vietnam from 25 August 1959 through 20 October 1960.  On 5 November
1961, he was honorably discharged for immediate reenlistment.  He
reenlisted on
6 November 1961 for a period 6 years.  He was awarded military occupational
specialty (MOS) 97B (military intelligence specialist) on 15 September
1965.  He

arrived in Vietnam on 11 January 1967.  He served in MOS 97B assigned to
the 25th Military Intelligence Detachment in Vietnam from 16 January 1967
until he was wounded in action on 27 June 1967 and evacuated to the United
States on 27 July 1967 for further medical treatment.  On 14 September
1967, the applicant was honorably discharged.

4.  The applicant’s DD Form 214 for the period ending 14 September 1967
shows the Good Conduct Medal, the National Defense Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, the Armed Forces
Expeditionary Medal, a Letter of Appreciation, and a Letter of Commendation
as authorized awards.

5.  Headquarters, 12th Evacuation Hospital General Orders Number 135, dated
28 June 1967, show the applicant received the Purple Heart for wounds
received in action on 27 June 1967.

6.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

7.  Headquarters, U.S. Army Element, SHAPE, General Orders Number 61, dated
1 September 1965, show the applicant received the Joint Service
Commendation Medal.

8.  Records show the applicant participated in two campaigns during the
period 11 January 1967 through 27 July 1967.

9.  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 the applicant's unit is entitled
to the Meritorious Unit Commendation for actions during the period January
1966 to March 1967 based on Department of the Army General Orders Number
17, dated 1968.  His unit was cited for a second award of the Meritorious
Unit Commendation for actions during the period 1 May 1967 through 31 July
1968 based on Department of the Army General Orders Number 42, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit
is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 48, dated
1971.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 51, dated 1971.
12.  Army Regulation 600-8-22 (Military Awards) 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 Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1
(Awards and Decorations) provided, in pertinent part, for award of the
Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed
advisor positions in MACV, which were considered infantry positions and for
which award
of the Combat Infantryman Badge was authorized.  The primary duty,
Intelligence Advisor, is listed as one of the duties not eligible for award
of the Combat Infantryman Badge.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

15.  Army Regulation 600-8-22, 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.  Orders show the applicant received the Purple Heart and the Joint
Service Commendation Medal.

2.  Evidence of record shows the applicant served as a military
intelligence specialist during his assignment in Vietnam.  The governing
regulation in effect at the time states that the primary duty, Intelligence
Advisor, is not one of the duties eligible for award of the Combat
Infantryman Badge.  Therefore, there is insufficient evidence on which to
base award of the Combat Infantryman Badge in this case.

3.  Based on the applicant’s service in Vietnam from 11 January 1967
through
27 July 1967, he is entitled to award of the Vietnam Service Medal with two
bronze service stars (since his Armed Forces Expeditionary Medal was
awarded for his first tour in Vietnam).

4.  The applicant’s unit was cited for two awards of 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 while he was assigned to it.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 14 September 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 13
September 1970.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

PM____  __DG____  __RV____  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 amending his DD Form
214 for the period ending
14 September 1967 to add the Purple Heart, the Joint Service Commendation
Medal, the Vietnam Service Medal with two bronze service stars, two awards
of 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 Combat
Infantryman Badge.




                            ___Patrick McGann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005486                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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