RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006192


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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.

2.  The applicant states he was wounded in Vietnam but the Purple Heart was
not entered on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant's records be corrected by awarding him
the Purple Heart.

2.  Counsel states the applicant received a combat wound on 8 April 1968
from shell fragments to his right arm, right leg, and left foot.  Counsel
contends the records support this finding of combat wounds as denoted on
the DA Form 20 (Enlisted Qualification Record) and a Western Union Telegram
to the applicant's parents.

3.  Counsel provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 November 1968, the date of his discharge.  The application
submitted in this case is dated 6 April 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 records show the applicant entered active duty on 10 January 1967,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).

4.  The record contains orders awarding the applicant the Sharpshooter
Marksmanship Qualification Badge with Automatic Rifle bar, and the Marksman
Marksmanship Qualification Badge with Rifle and Machinegun bars.

5.  A 9 April 1968 Western Union Telegram, to the applicant's parents,
states the applicant was wounded as a result of hostile action when the
vehicle he was riding in was hit by a hostile anti-tank round.

6.  The available medical records, including a DA Form 8-118 (Medical Board
Proceedings), show the applicant received combat related wounds to both his
upper and lower extremities, the chest, penis, a traumatic amputation of
the end of his left ring finger, and a fracture of his left ankle, when the
vehicle his rifle squad was riding in was hit by enemy fire.

7.  The applicant was discharged as a specialist four due to physical
disability with a 20 percent disability evaluation on 4 November 1968.  He
had 1 year, 9 months, and 25 days of creditable service.

8.  His DD Form 214 lists his awards as the National Defense Service Medal,
the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with
"1960" device.

9.  The applicant's DA Form 20 lists at:

      a.  item 38 (Record of Assignments), in part, he served as an
automatic rifleman with Troop A, 1st Squadron, 4th Cavalry, 1st Infantry
Division in Vietnam, from 19 February 1968 through 22 April 1968; was a
patient at the 249th General Hospital, from 23 April 1968 through 26 April
1968; and was a patient at the Dewitt Army Hospital from 27 April 1968
through 24 October 1968;

      b.  item 38 also records his conduct and efficiency ratings
exclusively as excellent;

      c.  item 39 (Campaigns) is blank;

      d.  item 40 (Wounds), multiple fragment wounds to the chest, right
arm, right leg, and left foot on 8 April 1968; and

      e.  item 41 (Awards and Decorations), his awards as the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with "1960" device, the Sharpshooter Marksmanship
Qualification Badge with Automatic Rifle bar, and the Marksman Marksmanship
Qualification Badge with Rifle and Machinegun bars.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 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 by a medical officer, and the medical treatment must
have been made a matter of official record.

11.  Army Regulation 600-8-22, chapter 4, states 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 active
Federal military service.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, a disqualification was normally noted on the DA Form 20.

12.  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 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.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
governed the awards program in the Army theater of operations during the
Vietnam conflict.  Appendix V (Combat Infantry Badge Guidance), paragraph
2b states that personnel possessing an infantry MOS in a rifle squad or
cavalry platoon of an armored cavalry troop would be eligible for award of
the Combat Infantryman Badge if they met the other criteria, i.e.
satisfactorily performed infantry duties during a period the unit was
engaged in active ground combat.


14.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  The
regulation lists the designated campaign periods for which a bronze service
star is authorized for wear on the Vietnam Service Medal.  Based on the
applicant's dates of service in Vietnam, Appendix B indicates he served
during the following two campaign periods:  the Tet Counteroffensive, 30
January 1968 - 1 April 1968; and the Counteroffensive Phase IV, 2 April
1968 – 30 June 1968.

15.  Department of the Army General Orders 8 of 1974 awarded the Republic
of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters,
U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28
March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received wounds as the result of hostile action on 8
April 1968 and is entitled to award of the Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, and his promotion to E-4.  The record contains no indication of
any disqualifying incidents or recommendations.  It is appropriate to award
the applicant the Good Conduct Medal for his period of service from 10
January 1967 through 4 November 1968.

3.  The applicant served in combat as an infantryman, in an infantry
military occupational specialty, in an infantry squad with a cavalry troop
during a period it was engaged in active ground combat.  As such he is
eligible for and should be awarded the Combat Infantryman Badge.

4.  In addition to the awards listed on his DD Form 214 the applicant is
also authorized the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Sharpshooter Marksmanship Qualification Badge with Automatic
Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle and
Machinegun Bars, and to wear two bronze service stars on his Vietnam
Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 November 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 November 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:

__BPI___  __RDG__  __EEM__  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.  awarding him the Good Conduct Medal for his period of service
from 10 January 1967 through 4 November 1968;

      b.  awarding him the Purple Heart for wounds received on 8 April
1968;

      c.  awarding him the Combat Infantryman Badge; and

      d.  by showing that, in addition to the awards listed on his DD Form
214, he is also authorized award of authorized the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship
Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship
Qualification Badge with Rifle and Machinegun Bars, and to wear two bronze
service stars on his Vietnam Service Medal.




                            __    _Bernard P. Ingold___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006192                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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