RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 March 2004
      DOCKET NUMBER:   AR2003091577


      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. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Arthur A. Omartian            |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in essence, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart (PH); Combat Infantryman Badge (CIB); Vietnam
Gallantry Cross Unit Citation with Palm; Overseas Service Bar; "V" Device
for wear on the Bronze Star Medal (BSM); 60 Device for wear on the Vietnam
Campaign Medal (VCM); the oak leaf cluster to show the 2nd award of the
Army Commendation Medal (ARCOM) and the Sharpshooter Badge Rifle (Rifle).

2.  The applicant states that he received the PH in the mail after he had
been separated, but he lost it and it is not listed on his DD Form 214 or
his DA Form 20 (Enlisted Qualification Record).  However, the DA Form 20
does show he received a fragmentation wound to the left leg on 12 May 1970.

3.  The applicant provides in support of his request a copy of his DD Form
214; DA Form 20; and medical records that show he was treated on 12 and 15
May and 1 June 1970 at Company D, 25th Medical Battalion for a
fragmentation wound to his left leg.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 3 March 1971.  The application submitted in this case is dated
20 May 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.  The applicant’s military records show that he enlisted the Regular Army
on
29 July 1969 and was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantryman).

4.  On 4 January 1970, he was assigned to Vietnam.  He served with Company
B, 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division from 13
January 1970 to 2 March 1971 with duties in his MOS.  He served during the
Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam
Counteroffensive, Phase VII campaigns.

5.  On 3 March 1971, the applicant returned from Vietnam to the United
States and he was honorably separated.  His DD Form 214 shows that he had 1
year, 7 months and 5 days of creditable service and he had no recorded lost
time.  His DD Form 214 also shows he was awarded the BSM; National Defense
Service Medal; Vietnam Service Medal (VSM); VCM; and the ARCOM.

6.  The applicant's DA Form 20, Item 40 (Wounds) shows that he received a
fragmentation wound to the left leg on 12 May 1970 while in action against
an enemy force.  The Vietnam Casualty Fiche supports that he was wounded
and medical documents that are available supports that he was treated for
the wound.

7.  The applicant's record contains various Department of the Army, General
Orders (DAGO) to include:

      a.  DAGO Number 6917, from Headquarters, 25th Infantry Division, San
Francisco, California, dated 20 June 1970, for award of the BSM with "V"
Device.


      b.  DAGO Number 170, from Headquarters, II Field Force Vietnam, dated
25 January 1971, for award of the ARCOM with 1st Oak Leaf Cluster.


      c.  DAGO Number 140, from Headquarters, 25th Infantry, dated 20 May
1970, for award of the CIB.

      d.  Special Orders Number 261, from Headquarters, United States Army
Training Center, Fort Polk, Louisiana, dated 24 October 1969, for award of
the Sharpshooter Marksmanship Qualification Badge, M-16 Rifle.

8.  The applicant's record does not contain orders for award the PH.  There
is also no evidence that shows he was ever awarded:

      a.  The Good Conduct Medal (GCMDL).


      b.  The Vietnam Gallantry Cross Unit Citation with Palm.


      c.  Three bronze service stars to represent the three campaigns in
      which he served; or


      d.  The Oversea Service Bar.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides, in pertinent part,
that:

      a.  The PH is awarded for a wound sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that:  (1) the
wound was the result of hostile action; (2) the wound required medical
treatment; and (3) the medical treatment was made a matter of official
record.


      b.  The GCMDL is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to
the GCMDL, disqualification must be justified.

      c.  The CIB 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 Total Army
Personnel Command has advised, in similar cases, that during the Vietnam
era the CIB was awarded only to enlisted individuals who held and served in
MOS 11B, 11C, 11F, 11G, or 11H.


      d.  The Oak Leaf Cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the BSM.


      e.  The “V” Device is awarded to indicate acts of heroism involving
conflict with an armed enemy.

      f.  A bronze service star, based on qualifying service, is awarded
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.

      g.  The Vietnam Campaign Medal is issued with the Device 1960.

11.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea 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.
There are special provisions regarding authorization for the Overseas
Service Bar for service in a hostile fire zone and for combining service to
calculate award of the bars.  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 a whole months for credit toward the overseas service bar.  The
applicant is authorized two Oversea Service Bars for his period of service
from 4 January 1970 to 2 March 1971.
12.  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 Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8 dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 and the Vietnam Casualty Fiche supports that
he was wounded on 12 May 1970 as a result of hostile action.  The available
evidence also supports the wound was treated and the medical treatment was
made a matter of record.  Therefore, it would be appropriate to correct his
DD Form 214 to show award of the PH.

2.  The applicant's record contains orders that show he was awarded the BSM
with "V" Device; ARCOM with 1st Oak Leaf Cluster; CIB; and the Sharpshooter
Marksmanship Qualification Badge, M-16 Rifle.  It would be appropriate to
correct his DD 214 to show these awards.

3.  The available evidence also supports award of the GCMDL for the period
from 29 July 1969 to 3 March 1971; Vietnam Gallantry Cross Unit Citation
with Palm; three bronze service stars to represent the three campaigns in
which he served for wear on his VSM and two Oversea Service Bars.

BOARD VOTE:

__fne___  __aao___  __rld___  GRANT 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 showing award of the PH, the BSM with
"V" Device, ARCOM with 1st Oak Leaf Cluster, CIB, Sharpshooter Marksmanship
Qualification Badge (M-16 Rifle), GCMDL, Vietnam Gallantry Cross Unit
Citation with Palm, three bronze service stars for wear on his VSM, two
Oversea Service Bars, and the Device 1960 for wear on his Vietnam Campaign
Medal.




                 Fred N. Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091577                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040302                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0079                                |
|4.                      |107.0094                                |
|5.                      |107.0111                                |
|6.                      |                                        |