RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006621


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 Report of Transfer or Discharge (DD
Form 214) be corrected to show that he was awarded the Silver Star.

2.  The applicant states that the Silver Star was omitted from his DD Form
214.

3.  The applicant provides no additional information in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army in Minneapolis, Minnesota, on
24 October 1967 and he went on to successfully complete his training as a
light weapons infantryman (11B10).  He was transferred to Vietnam on 22
March 1968 and he was assigned to Company D, 3rd Battalion, 22nd Infantry
Regiment, 25th Infantry Division.

3.  While in Vietnam, the applicant was wounded in action on 12 June 1968.
He was hospitalized as a result of his wounds and he returned to the
Continental United States as a patient on 5 July 1968.  His record also
shows that he received "Excellent" conduct and efficiency ratings at each
of his active duty assignments.

4.  General Orders Number 7119 was published on 8 October 1968, awarding
the applicant the Silver Star for gallantry in action on 12 June 1968,
while serving with Company D, 3rd Battalion, 22nd Infantry Regiment, 25th
Infantry Division while serving in Vietnam.




5.  He was honorably discharged from the Army on 23 October 1969, at the
expiration of his term of service.  The DD Form 214 that he was furnished
at the time of his discharge shows that he was awarded the National Defense
Service Medal, the Purple Heart, the Vietnam Service Medal w/One Bronze
Service Star and the Republic of Vietnam Campaign Medal.  However, the
Silver Star was never included on his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Silver Star is awarded for gallantry in action against the enemy.
The required gallantry (spirited and conspicuous acts of heroism and
courage) must have been performed with marked distinction.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge (CIB) 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.

8.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
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 Federal military service.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

9.  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 unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit




Citation for the period December 1965 – August 1968 in Department of the
Army General Order (DAGO) Number 48, dated 1971 and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for the period covering
1 January 1966 – 21 January 1970, DAGO Number 51 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
which resulted in the omission of the Silver Star.

2.  The evidence of record shows that General Orders Number 7119 was
published on 8 October 1968 awarding him the Silver Star for gallantry in
action against the enemy.  This decoration should now be included on his DD
Form 214.

3.  The applicant's service as an infantryman in the RVN was carefully
considered and found to have merit for award of the CIB.  By regulation, in
order to support award of the CIB, there must be evidence showing that a
member held and served in an infantry MOS, that he served in an infantry
unit of brigade, regimental, or smaller size during such time as the unit
is engaged in active ground combat, and that he actively participated in
such ground combat.  In this case, the applicant's record confirms he
served as an infantryman in Company D, 3rd Battalion, 22nd Infantry
Regiment, 25th Infantry Division, a qualifying infantry unit.  Further, he
was wounded in action on 12 June 1968 and therefore it is reasonable to
conclude he actively participated in this ground combat.  As a result, it
would be appropriate and serve the interest of justice to award him the CIB
at this time.

4.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the AGCM for his qualifying period of honorable
active duty service from 24 October 1967 through 23 October 1969.

5.  Additionally, the applicant is also entitled to the Republic of Vietnam
Gallantry Cross w/Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation based on the applicable
regulation or Department of the Army Pamphlet.  Therefore, these
decorations should also be included on his DD Form 214.

6.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__LMD__  __WDP__  __JLP___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 to show that he was awarded the Silver Star and
awarding him the Combat Infantryman Badge, the Army Good Conduct Medal for
the period 24 October 1967 to 23 October 1969, the Republic of Vietnam
Gallantry Cross w/Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.




                                  ___William D. Powers__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006621                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  46                  |107.0000/AWARDS & DECORATIONS           |
|3.  53                  |107.0007/SILVER STAR                    |
|4.  102                 |107.0057/AGCM                           |
|5.  157                 |107.0111/CIB                            |
|6.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |


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