RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008683


      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. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 Vietnam Service Medal and the
Combat Infantryman Badge.

2.  The applicant states that he served in Vietnam from 8 July 1965 to
15 September 1965.  He also states that he was in combat outside Cam Rahn
Bay, Central Highlands, Ahn Khe on several operations with his unit and
with Special Forces.

3.  The applicant provides a copy of his DD Form 214; one page of his DA
Form 20 (Enlisted Qualification Record); and his DA Form 24 (Service
Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 September 1965.  The application submitted in this case is dated 24 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 enlisted on 21 September 1962 for a period of 3 years.
He was awarded military occupational specialty (MOS) 111.00 (light weapons
infantryman).  His DA Form 24 shows that he arrived in Vietnam on 29 July
1965. He served in MOS 111.00 assigned to Company B, 2nd Battalion
(Airborne), 327th Infantry in Vietnam from 29 July 1965 through 15
September 1965.  On
21 September 1965, the applicant was released from active duty in the
temporary rank of sergeant after completing 3 years and 1 day of creditable
active service with no time lost.

4.  The applicant’s DD Form 214 shows the Parachutist Badge, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

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

6.  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
show, with the exception of one service school efficiency rating of “Good”
based upon academic proficiency, he received conduct and efficiency ratings
of “excellent” throughout his service.

7.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

8.  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 29 July
1965 to 1 October 1966 based on Department of the Army General Orders
Number 17, dated 1968.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  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.

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 MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.
13.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Vietnam and participation in one
campaign during his assignment, he is entitled to award of the Vietnam
Service Medal with one bronze service star and correction of his DD Form
214 to show this medal.

2.  Although the evidence of record shows the applicant held an infantry
MOS and served in an infantry MOS while assigned to an infantry company in
Vietnam, there are no orders for the Combat Infantryman Badge.  In
addition, there is no evidence of record which shows the applicant served
in active ground combat while an assigned member of an infantry unit of
brigade or smaller size in Vietnam.  Therefore, there is insufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

3.  The applicant was separated in the temporary rank of sergeant with 3
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 21 September 1962 through 20
September 1965 based on completion of
3 years of continuous enlisted active Federal military service.

4.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

5.  The applicant’s unit was cited for the Meritorious Unit Commendation
while he was assigned to it.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 21 September 1965; therefore, the time for the
applicant to file a request for correction of any error expired on 20
September 1968.  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:

________  ________  ________  GRANT FULL RELIEF

PF____  TR______  _JR_____  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 21 September 1962 through 20 September 1965; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, the
Vietnam Service Medal with one bronze service star, the National Defense
Service Medal, the Meritorious Unit Commendation, and the Republic of
Vietnam Gallantry Cross with Palm 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.




                            __Peter Fisher________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008683                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0073                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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