RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2007
      DOCKET NUMBER:  AR20060007708


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Marla J.N.Troup               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, award of the Air Medal with 7 Oak
Leaf Clusters and Combat Infantryman Badge.

2.  The applicant states, in effect, that he was an automatic weapon door
gunner with Company A, 9th Aviation Battalion in Vietnam and earned the Air
Medal with 7 Oak Leaf Clusters.  He also states, in effect, that he was
awarded the Combat Infantryman Badge sometime subsequent to 22 May 1967
during his service in Vietnam.  He further states, in effect, he cannot
recall the date of the award because he developed a case of virus
encephalitis, was medically evacuated to Camp Zama, Japan for 6 weeks, and
he had a temporary case of amnesia.

3.  The applicant provides a self-authored letter, dated 18 May 2006; DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge), with an effective date of 17 June 1968; a copy of a photograph
showing the upper portion of the applicant in a U.S. Army utility uniform;
Headquarters, U.S. Army Reserve Components Personnel and Administration
Center, AGUZ-PAD-S,
St. Louis, Missouri, Letter Orders Number 08-1313377, dated 23 August 1972;
DA Form 20 (Enlisted Qualification Record); and seven 9th Aviation
Battalion Form Number 1 (Awards and Decorations Qualification Record Work
Sheet -
Air Medal).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 June 1968, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 18 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's military service records show that he was inducted into
the U.S. Army on 14 September 1966.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).
4.  The applicant's DD Form 214, issued at the time of his separation,
shows that he served overseas in Vietnam for 1 year, 4 months, and 1 day.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded
the Army Commendation Medal, National Defense Service Medal, Vietnam
Service Medal, and Republic of Vietnam Campaign Medal.  He was honorably
REFRAD on 17 June 1968 after serving on active duty for a total of
1 year, 9 months, and 4 days.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 17
February 1967 through 16 June 1968.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase II
campaign.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that, on 25 February 1967, he was assigned to Company B, 9th Supply and
Transport Battalion, 9th Infantry Division in Vietnam, with principal duty
as a wheel vehicle mechanic (Duty MOS 63B2O).  On 22 April 1967, he was
assigned to Headquarters and Headquarters Company, 2nd Battalion, 39th
Infantry,
9th Infantry Division (Vietnam), with principal duty as a light weapons
infantryman (Duty MOS 11B1O).  On 12 May 1967, the applicant was assigned
to Company A, 2nd Battalion, 39th Infantry, 9th Infantry Division
(Vietnam), with principal duty as a light weapons infantryman (Duty MOS
11B1O).  On 21 October 1967, the applicant was assigned to the 9th
Administration Company, 9th Infantry Division (Vietnam), with principal
duty as a general clerk (Duty MOS 70A1O).  On
1 December 1967, while assigned to this same unit, the applicant's
principal duty was changed to pay disbursing clerk (Duty MOS 73C2O).  Then,
on 13 February 1968, the applicant was assigned to Company A, 9th Aviation
Battalion,
9th Infantry Division (Vietnam), with principal duty as an automatic weapon
door gunner (Duty MOS 11B2O), and he continued to serve in that Duty MOS
until he redeployed to the continental United States on 16 June 1968.

7.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 53, dated 22
February 1967, which show, in pertinent part, that the applicant was
assigned to the
9th Supply and Transport Battalion in Duty MOS 63B2O on 22 February 1967.

8.  The applicant's military service records contain a copy of a DA Form
1049 (Personnel Action), dated 10 April 1967, subject:  Request for
Intradivisional Reassignment.  This document shows, in pertinent part, that
the applicant requested reassignment to the 2nd Battalion, 39th Infantry,
to become an infantryman.  The documentation also shows, in pertinent part,
that the applicant's request was approved on 18 April 1967.

9.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 110, dated 20 April
1967, which show, in pertinent part, that the applicant was assigned to
Headquarters and Headquarters Company, 2nd Battalion, 39th Infantry, 9th
Infantry Division (Vietnam), on 22 April 1967, and was eligible for
Hazardous Fire Pay (HFP).

10.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 128, dated 8 May
1967, which show, in pertinent part, that the applicant was assigned to
Company A,
2nd Battalion, 39th Infantry, 9th Infantry Division (Vietnam), on 11 May
1967, in Duty MOS 11B1O.

11.  The applicant's military service records contain a copy of
Headquarters,
U.S. Army Vietnam, Special Orders Number 183, dated 2 July 1967, which
show, in pertinent part, that the applicant was reassigned as a patient to
the Medical Hold Detachment, U.S. Army Hospital, Camp Zama, Japan.

12.  The applicant's military service records contain a copy of
Headquarters,
U.S. Army Personnel Center Far East (Japan), Special Orders Number 1168,
dated 23 August 1967, which show, in pertinent part, that the applicant was
released from the Patient Casualty Detachment and assigned back to Company
A, 2nd Battalion, 39th Infantry, 9th Infantry Division (Vietnam).

13.  The applicant's military service records contain a copy of a DA Form
1049 (Personnel Action), dated 8 October 1967, subject:  Request for
Reassignment.  This document shows, in pertinent part, that the applicant
requested reassignment to a non-combat unit, indicating that he had a
medical profile with limitation of duty as a result of having convulsions
and that he felt he was of no service to an infantry unit.  The
documentation also shows, in pertinent part, that the applicant's request
was approved on 17 October 1967.

14.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 291, dated 18
October 1967, which show, in pertinent part, that his primary MOS (PMOS) of
63B2O was withdrawn and the applicant was awarded PMOS 70A1O (General
Clerk).

15.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 354, dated 20
December 1967, which show, in pertinent part, that he was appointed to the
temporary grade of specialist four (E-4), in MOS  73C2O (Pay Disbursing
Specialist), effective 1 December 1967.

16.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 23, dated 23 January
1968, which show, in pertinent part, that his PMOS of 70A1O was withdrawn
and the applicant was awarded PMOS 73C2O and secondary MOS (SMOS) 11B2O.

17.  The applicant's military service records contain a copy of a DA Form
2496 (Disposition Form), dated 7 May 1968, subject:  Request for Flight
Status Orders. This document shows, in pertinent part, that the Division
Aviation Officer requested that the applicant be assigned to Company A, 9th
Aviation Battalion and placed on flight status as a crew member with duty
as a door gunner.  The documentation also shows, in pertinent part, that
the request was approved.

18.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), Special Orders Number 133, dated 12 May
1968, which show, in pertinent part, that the applicant was placed on
flight status and assigned as a door gunner, non-aviator crew member, in
Duty MOS 11B2F, effective 23 January 1968.

19.  There are no orders in the applicant’s military service record that
show he was awarded the Combat Infantryman Badge.

20.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), General Orders Number 3796, dated 27 May
1968, which show, in pertinent part, that the applicant was awarded the
Army Commendation Medal for meritorious service in connection with military
operations against a hostile force in the Republic of Vietnam from 17
February 1968 to 27 May 1968.

21.  The applicant's military service records contain a copy of
Headquarters,
9th Infantry Division (Vietnam), General Orders Number 3489, dated 16 May
1968, which show, in pertinent part, that the applicant was awarded the Air
Medal for meritorious achievement while participating in aerial flight in
the Republic of Vietnam from 20 February 1968 to 27 February 1968.

22.  In support of his application, the applicant provides his discharge
orders,
DD Form 214, DA Form 20, and a self-authored letter.  The applicant also
provides a copy of a photograph which shows the upper portion of him in
which he is wearing a U.S. Army utility uniform bearing his last name, the
rank of specialist four (E-4), and a subdued patch of the Combat
Infantryman Badge.
He also provides copies of seven 9th Aviation Battalion (9th Avn Bn) Form
Number 1 (Awards and Decorations Qualification Record Work Sheet - Air
Medal).

23.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

24.  The applicant requests eight awards of the Air Medal (i.e., Air Medal
with
7 Oak Leaf Clusters).  However, the applicant's records contain orders
confirming award of only one award of the Air Medal.  There are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms his entitlement to seven additional awards of the Air Medal.
In the absence of authority for the additional awards, the applicant may
request additional awards of the Air Medal under the provisions of 10 USC
1130.  The applicant has been notified by separate correspondence of the
procedures for applying for the additional awards under 10 USC 1130.  As a
result, the applicant's request for the additional awards of Air Medal will
not be discussed further in this Record of Proceedings.

25.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

26.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” and "good" throughout his service.

27.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase II, Vietnam
Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counter-
offensive Phase IV; a total of four campaigns.

28.  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 Company B, 9th Supply and Transport Battalion
(Vietnam), the unit was cited for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
1 (1969).  This document also shows that, at the time of the applicant's
assignment to Company A, 9th Aviation Battalion (Vietnam), the unit was
cited for award of the Meritorious Unit Commendation by Headquarters,
Department of the Army, General Orders Number 36 (1970).

29.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 2nd Battalion, 39th Infantry Regiment
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 31 (1969).  This document also shows that, at the time of the
applicant's assignment to the 2nd Battalion, 39th Infantry Regiment, the
unit 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 59 (1969).

30.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 309,
dated
5 November 1966, which show that he was awarded the Marksman Marksmanship
Qualification Badge with Rifle Bar.

31.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example, personnel
in the attack elements of units involved in air-land assaults against an
armed enemy.  As with all personal decorations, formal recommendations,
approval through the chain of command, and announcement in orders are
required.

32.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “the Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam Conflict was announced in unit special orders, normally
published at battalion or brigade level.

33.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

34.  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.

35.  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.

36.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.  The Military Awards regulation also states, in pertinent part,
that an oak leaf cluster is awarded to denote each additional succeeding
award of certain decorations, among which is the Meritorious Unit
Commendation.

37.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
permanent wear by an individual who was assigned and present for duty with
the unit at any time during the period cited or who was attached to and
present for duty with the unit for at least 30 consecutive days of the
period cited.

38.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

39.  Army Regulation 600-8-22 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

40.  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.

41.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1, or appropriate Department of the Army message.  For Vietnam service,
one Overseas Service Bar is authorized for each period of 6 months active
Federal service as a member of a U.S. Service in Vietnam from 1 July 1958
to 28 March 1973.  Both the month of arrival and the month of departure
from Vietnam are counted as whole months for credit toward the Overseas
Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he was awarded the Air Medal
when he was an automatic weapon door gunner with Company A, 9th Aviation
Battalion in Vietnam.  He also contends that he was awarded the Combat
Infantryman Badge during his service in Vietnam.

2.  The evidence of record shows that the applicant was awarded the Air
Medal for meritorious achievement from 20 February 1968 to 27 February
1968. Therefore, the applicant's records should be corrected to show award
of the Air Medal.


3.  The evidence of record shows that the applicant volunteered to serve as
an infantryman in Vietnam, that he was assigned to an infantry unit in MOS
11B, and was awarded MOS 11B.  In addition, the evidence of record supports
the fact that he satisfactorily performed infantry duties in active ground
combat while assigned to an infantry unit from 22 April 1967 through 30
June 1967, prior to being medically evacuated from Vietnam.  Moreover,
after being medically evacuated, then returning to his unit and regaining
his health, the evidence of record shows that the applicant was selected
for door gunner duty by the division aviation officer and placed on flight
status, effective 23 January 1968.  It is reasonable to assume that the
applicant was recommended for door gunner duty based partly on the
applicant's previously demonstrated performance of duty in the field as an
infantryman.  The evidence of record also indicates that, subsequent to 1
December 1967, the applicant wore a permanently affixed, subdued patch of
the Combat Infantryman Badge on his U.S. Army utility uniform while serving
in Vietnam.  Consequently, the absence of orders awarding the applicant the
Combat Infantryman Badge, along with a corresponding entry on his DA Form
20, may reasonably be attributed to mere administrative error.  Therefore,
based on the evidence of record and all of the foregoing, the applicant's
records should be corrected to show award of the Combat Infantryman Badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 14 September 1966 through 17 June 1968 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

5.  General Orders awarded two of the applicant's units the Meritorious
Unit Commendation for two separate and distinct periods of service.
Therefore, it would be appropriate to correct his records to show two
awards of the Meritorious Unit Commendation.

6.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Special Orders awarded the applicant the Marksman Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

10.  Records show that the applicant served a total of 17 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 June 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal and Combat Infantryman Badge.

BOARD VOTE:

___RTD__  _M.J.N.T  __MJF___  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 the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 14 September 1966
through
17 June 1968;

      b.  awarding the applicant the Combat Infantryman Badge for
satisfactorily performing infantry duties in active ground combat,
effective 30 June 1967;
      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Air Medal, Good Conduct
Medal, Vietnam Service Medal with 4 bronze service stars, Meritorious Unit
Commendation (1st Oak Leaf Cluster), Combat Infantryman Badge, Marksman
Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class, and 2 Overseas Service Bars.




                            ____Richard T. Dunbar____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007708                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/01/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680617                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.00                                  |
|2.                      |107.0111.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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