RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009578


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |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 a second award of the Purple Heart
(correctly know as the Purple Heart with First Oak Leaf Cluster) and the
Combat Infantryman Badge.

2.  The applicant states that he received two awards of the Purple Heart;
however, only one award of the Purple Heart is shown on his DD Form 214.
He also contends that he received the Combat Infantryman Badge.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
5 June 1969.  The application submitted in this case is dated 19 June 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 on 16 October 1967.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 31 March 1968.  He served in MOS 11B assigned to Company D,
3rd Battalion, 1st Infantry of the 11th Infantry Brigade in Vietnam from 15
April 1968 until he was wounded in action and transferred to the United
States on
18 January 1969 for further medical treatment.  On 5 June 1969, the
applicant was released from active duty in the temporary rank of specialist
four after completing 1 year, 7 months, and 20 days of creditable active
service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Republic of Vietnam Campaign Medal with Device 1960, the Purple Heart,
one award of the Overseas Service Bar, the Bronze Star Medal for
meritorious service in connection with military operations against a
hostile force, the Expert Marksmanship Qualification Badge with Rifle Bar,
the Marksman Marksmanship Qualification Badge with Rifle Bar, and the First
Class Gunner Badge with Machine Gun Bar as authorized awards.
5.  Headquarters, Americal Division General Orders Number 2619, dated 17
May 1968, show the applicant received the Purple Heart for wounds received
in action on 5 May 1968.

6.  Headquarters, 312th Evacuation Hospital (Smbl) General Orders Number 1,
dated 2 January 1969, show the applicant received the Purple Heart with
First Oak Leaf Cluster for wounds received in action on 29 December 1968.


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

8.  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” throughout his service.

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10.  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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 2, dated 1971.

11.  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.

12.  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.

13.  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.

14.  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.  The applicant’s DD Form 214 shows one award of the Purple Heart.
However, orders show the applicant received the Purple Heart with First Oak
Leaf Cluster.

2.  Evidence of record shows the applicant held an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam.  He
was wounded in action on two occasions and he received the Bronze Star
Medal for meritorious service in connection with military operations
against a hostile force in Vietnam.  Therefore, there is sufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

3.  The applicant was separated in the temporary rank of specialist four
with almost 20 months 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 16 October 1967
through 5 June 1969 based on completion of a period of qualifying service
ending with the termination of a period of Federal military service.

4.  Based on the applicant’s service in Vietnam and participation in four
campaigns during his assignment, he is entitled to award of the Vietnam
Service Medal with four bronze service stars.

5.  The applicant’s unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.
6.  Records show the applicant should have discovered the alleged errors
now under consideration on 5 June 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 4 June
1972.  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:

JR_____  ___RN__  __DT____  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 Combat Infantryman Badge;

      b.  awarding him the first award of the Good Conduct Medal for the
period 16 October 1967 through 5 June 1969; and

      c.  amending his DD Form 214 to add the Combat Infantryman Badge, the
Good Conduct Medal, the Purple Heart with First Oak Leaf Cluster, the
Vietnam Service Medal with four bronze service stars, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



                            ___Jeffrey Redmann____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009578                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|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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