RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060007118


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Edward 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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states he served as an infantryman in Vietnam from June
1969 to August 1969.  He states he did not complete a one-year tour in
Vietnam because he was wounded in combat and he was evacuated for
treatment.  He states he never received his CIB.  He does not believe the
proper paperwork was submitted for his CIB after he was evacuated.  He also
states he received the Purple Heart for his wounds; however, that paperwork
was not processed at his unit.

3.  The applicant provides a copy of his orders for the Purple Heart and
award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 10 February 1971.  The application submitted in this case is dated 12
May 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 11 February 1969.  He
completed basic combat training at Fort Knox, Kentucky and completed
advanced individual training at Fort Polk, Louisiana.

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk Special
Orders Number 138, dated 11 June 1969, awarded the applicant military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The applicant was assigned to Vietnam on 13 July 1969 as a rifleman
with Company A, 1st Battalion, 506th Infantry.

6.  The applicant was wounded on 29 August 1969 and he was medically
evacuated to the 7th Field Hospital.  He was awarded the Purple Heart by
Headquarters, 101st Airborne Division (Airmobile) General Orders
Number 11891, dated 10 September 1969.

7.  The applicant departed Vietnam on 9 October 1969.

8.  Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, Texas
Special Orders Number 45, dated 18 February 1970, promoted the applicant to
specialist four effective 6 February 1970 in primary MOS 95B20 (Military
Police) and secondary MOS 11B20.  These orders withdrew his primary MOS
11B10.

9.  The applicant was honorably released from active duty on 10 February
1971.  He completed 2 years of active military service with no days of lost
time.  His DD Form 214 shows the National Defense Service Medal, the
Vietnam Service Medal with one bronze service star, the Republic of Vietnam
Campaign Medal, the Air Medal, the Purple Heart, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter
Marksmanship Qualification Badge with Machine Gun Bar.

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

11.  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 1st Battalion, 506th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation by Headquarters, Department of the Army General Orders Number
48, dated 1971.

12.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11B and satisfactorily served as a
rifleman in an infantry unit during active ground combat in Vietnam earning
a Purple Heart.  Therefore, he has met the requirements for award of the
CIB.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 11 February
1969 through 10 February 1971.

3.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, these foreign unit awards should
be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired
on 9 February 1974.  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:

JG______  SF______  EM_____  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 Army Good Conduct Medal for the period
11 February 1969 through 10 February 1971; and

      b.  amending his DD Form 214 to add the CIB, the Army Good Conduct
Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                            James Gunlicks________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007118                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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