RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 MARCH 2004
      DOCKET NUMBER:   AR2003095512


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Thomas E. O'Shaughness, Jr.   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 records be corrected to reflect award
of the Purple Heart and Expert Infantryman Badge (EIB).

2.  The applicant states he was awarded the Purple Heart but it, and the
EIB, were omitted from his separation documents.

3.  The applicant provides a copy of his Purple Heart award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error which occurred on 16
March 1970.  The application submitted in this case is dated 24 July 2003.


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 limitation 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 14 August 1968.  While undergoing training, he
qualified as a marksman with the M-16 automatic rifle and was awarded the
associated badge and component bar.  Orders issued by the United States
Army Training Center (Infantry), at Fort Ord, California, confirmed the
award.  However, it was omitted from his separation document.

4.  The applicant was awarded a primary specialty of 11B (infantryman) in
December 1968.  He arrived in Vietnam in January 1969 and assumed duties as
an infantryman with the 4th Battalion, 39th Infantry, on 20 January 1969.

5.  On 28 January 1969 the applicant sustained multiple fragment wounds to
his left arm, both thighs, and his right knee.  As a result of his wounds,
he was medically evacuated from Vietnam to Okinawa on 3 February 1969.  The
Purple Heart certificate, provided in support of his request, indicates he
was awarded the Purple Heart on 29 January 1969.  The certificate is
authenticated by the commander of the initial medical treatment facility
and reflects the signature of Stanley R. Resor, Secretary of The Army at
that time.  The applicant’s file did not contain copies of orders
confirming the award.



6.  By April 1969 the applicant had been released from the hospital and
assigned to Korea.  He retained a physical profile of L-3 following his
hospitalization and performed duties as a dispatcher (64A-transporation)
while in Korea.  By February 1970 his primary specialty of 11B was
withdrawn and he was awarded a transportation specialty (64).

7.  In March 1970 the applicant returned to the United States and on 16
March 1970 he was released from active duty with an honorable
characterization of service.  His separation physical examination confirmed
his combat wound.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Expert
Infantryman Badge may be awarded to individuals possessing a primary
specialty in career management field 11 (infantry).  They must meet the
prerequisites and take the test with an infantry unit of at least battalion
size.  Badges will be announced in permanent orders by commanders
authorized to make the award.  There are 25 tasks the EIB candidates have
to complete during qualification.  The week-long testing cycle begins with
an Army physical fitness test.   All Soldiers are required to meet Army
standards, scoring at least 70 percent or higher in each event.  Other
tasks required for EIB qualification included performing proper first aid,
employing hand grenades, identifying visual signals, moving under direct
fire, employing an M18A1 Claymore mine, day and night land navigation,
communications skills, assembling the M240B machine gun and M249 semi-
automatic weapon and identifying terrain features.   The testing ends with
a 12-mile road march to be completed in less than three hours. Soldiers
also had to qualify as an expert with their assigned weapon by the end of
the testing cycle.

9.  Army Regulation 600-8-22 also provides for award of the Combat
Infantryman Badge.  There are basically three requirements for award of the
Combat Infantryman Badge.  The Soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

10.  Army Regulation 600-8-22 states that the Republic of Vietnam Campaign
Medal is awarded by the Government of the Republic of Vietnam to members of
the United States Armed Forces who served in the Republic of Vietnam for 6
months between 1 March 1961 and 28 March 1973.  Individuals serving less
than 6 months who were wounded by hostile forces were also entitled to the
award.  The applicant’s separation document does not reflect entitlement to
the decoration.





11.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Vietnam
Counteroffensive Phase VI) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.  The
unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm during his tenure with the organization.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant's available records awarding
him the Purple Heart, the appropriate Secretary of the Army signed his
award certificate, and the date of his combat wound is consistent with
other information contained in his file.  In the absence of orders, or
evidence to the contrary, the Board accepts the applicant’s award
certificate as authentication of entitlement to the Purple Heart and in the
interest of justice concludes it would be appropriate to add the award to
his separation document.

2.  Although the applicant requested that his records be corrected to
reflect award of the EIB, in all likelihood, the applicant meant the Combat
Infantryman Badge.  While there is no evidence that the applicant completed
the qualification requirements for award of the EIB, he did meet the
qualification requirements for award of the Combat Infantryman Badge.

3.  The evidence also shows that the applicant qualified as a marksman with
the M-16 automatic rifle and was awarded the associated badge and component
bar, that he is entitled to the Republic of Vietnam Campaign Medal, a
bronze service star on his Vietnam Service Medal, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  His records should be
corrected accordingly.

BOARD VOTE:

__LLS___  __LE ___  ___TEO _  GRANT 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.  showing he was awarded the Purple Heart;


      b.  showing that he qualified as a marksman with the M-16 automatic
rifle and was awarded the associated badge and component bar;


      c.  showing that he is entitled to the Republic of Vietnam Campaign
Medal, a bronze service star on his Vietnam Service Medal, and the Republic
of Vietnam Gallantry Cross Unit Citation with Palm; and


      d.  awarding him the Combat Infantryman Badge.


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 EIB.





            __ _Luther L. Santiful____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003095512                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040325                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |