RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 April 2004
      DOCKET NUMBER:   AR2003091787


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 the award of the Purple Heart.

2.  The applicant states that he is entitled to the Purple Heart for being
injured while on active duty.

3.  The applicant provides a 14 April 2003 written statement from his
former platoon leader wherein the former platoon leader attests to the fact
that both he and the applicant were wounded at the same time.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 3 January 1969.  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.  On 2 March 1967, the applicant was inducted into the Army of the United
States for a period of 2 years.  He successfully completed basic combat
training and advanced individual training (AIT).  Upon graduation from AIT,
he was awarded military occupational specialty (MOS) 11B, Light Weapons
Infantryman.

4.  The applicant was reassigned to Vietnam.  On 22 August 1967, he was
assigned to Company D, 2nd Battalion, 12th Infantry Regiment, 25th Infantry
Division.  He served in this unit throughout his Vietnam tour, which ended
on or about 12 August 1968 when he returned to the United States and an
assignment at Fort Jackson, South Carolina.

5.  On 3 January 1969, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he was credited with 1 year, 10 months, and 2
days of active Federal service.  He was subsequently discharged from the
U.S. Army Reserve Control Group (Reinforcement) on 1 March 1973.

6.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There also is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.  His DA Form 20 (Enlisted Qualification Record) does not show any
entry in Item 40 (Wounds), nor does it list the Purple Heart in Item 41
(Awards and Decorations).  In addition, the applicant's name does not
appear on the Vietnam Casualty List as having been wounded in Vietnam.  The
applicant's medical records are not available.  They appear to have been
loaned to the Department of Veterans Affairs Regional Office located in
Detroit, Michigan.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  It provides, in pertinent part, that the
Purple Heart (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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided for award of the Purple Heart (PH).  It stated that Soldiers who
were treated and returned to their units within 24 hours of being wounded
would be awarded the Purple Heart by their unit of assignment.  For wounded
Soldiers requiring hospitalization in excess of 24 hours or medical
evacuation from Vietnam, the authority to award the Purple Heart was
delegated to hospital commanders.

9.  Army Regulation 600-8-22 (Military Awards), in paragraph 8-6, provides
for award of the Combat Infantryman Badge (CIB).  That paragraph states
that there are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
he must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and he must actively participate in such
ground combat.  Specific requirements state, in effect, that an Army
enlisted Soldier must have an infantry or special forces specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry, ranger or special forces unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.
Eligibility for special forces personnel (less the special forces medical
sergeant) accrues from 20 December 1989.  Retroactive awards for Special
Forces personnel are not authorized.  A recipient must be personally
present and under hostile fire while serving in an assigned infantry or
special forces primary duty, in a unit actively engaged in ground combat
with the enemy.  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.

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 unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for the period 1 August 1967 to August 1968 by
Department of the Army General Orders 48, dated 1971.  Additionally, it
shows the unit to which the applicant was assigned was awarded the Valorous
Unit Award for the period 31 January to 19 February 1968 by Department of
the Army General Orders 48, dated 1968.  Also, it shows the unit to which
the applicant was assigned was awarded the Republic of Vietnam Civil
Actions Honor Medal, First Class by Department of the Army General Orders
51, dated 1971.

11.  AR 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.  The applicant served in Vietnam
during four campaigns -- Vietnam Counteroffensive, Phase III, which
extended from 1 June 1967 through 29 January 1968; Tet Counteroffensive,
which extended from 30 January 1967 through 1 April 1968; Vietnam
Counteroffensive, Phase IV, which extended from 2 April 1968 through 30
June 1968; and Vietnam Counteroffensive, Phase V, which extended from 1
July 1968 through 1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's records to show that he was
awarded the Purple Heart.  There also is no evidence in his records to show
that he was ever wounded or treated for wounds as a result of hostile
action.  His DA Form 20 (Enlisted Qualification Record) does not show an
entry in Item 40 (Wounds), nor does it list the Purple Heart in Item 41
(Awards and Decorations).  In addition, the applicant's name does not
appear on the Vietnam Casualty List as having been wounded in Vietnam.
Based on these facts, there is insufficient evidence to support an award of
the Purple Heart.  The statement from the applicant's former Platoon
Leader, in the absence of corroborating evidence, is insufficient to
justify granting the applicant's request.

2.  Based on the available records, the applicant meets the criteria
required by Army Regulation 600-22-8 and is qualified for the award of the
CIB.  Additionally, the fact his unit was awarded the Valorous Unit Award
during the time frame he was assigned to the Republic of Vietnam adds
credibility he was engaged in combat at the time.  Therefore, he is
entitled to correction of his records to show award of the CIB.

3.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam and is
entitled to award of four BSSs for wear on his Vietnam Service Medal.
Therefore, in accordance with the governing regulation, the applicant is
entitled to the Vietnam Service Medal with four bronze service stars and
correction of his DD Form 214 to show these awards.

4.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

6.  General Orders show the applicant is entitled to award of the Valorous
Unit Award.  Therefore, he is entitled to correction of his records to show
award of this foreign unit award.

BOARD VOTE:

__mkp___  __mhm___  __rtd___  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.  Deleting the Vietnam Service Medal on his DD Form 214: and


      b.  Adding the Combat Infantryman Badge; the Republic of Vietnam
Gallantry Cross Unit Citation with Palm; the Republic of Vietnam Civil
Actions Honor Medal, First Class; the Valorous Unit Award; and the Republic
of Vietnam Service Medal with 4 BSSs.

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
the award of the Purple Heart.




                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091787                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040429                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0033                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |