RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040003668


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |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 records be corrected to show the awards
to which he is entitled.

2.  The applicant states that he was issued the Purple Heart and the Combat
Infantryman Badge.  He was also issued an Army Commendation Medal.

3.  The applicant provides a copy of his DD Form 214 (Report of
Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 December 1970.  The application submitted in this case
is dated 4 January 2004.

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 enlisted in the Army for 3 years on 29 May 1967 and
underwent basic combat training at Fort Bragg, North Carolina, where he was
awarded the Expert Marksmanship Qualification Badge with rifle bar.  He
completed that training and in August 1967 was assigned to Fort Gordon,
Georgia for training as an infantryman.  While at Fort Gordon he was
awarded the Sharpshooter Marksmanship Qualification Badge with automatic
rifle bar.  In November 1967 the applicant was assigned as a rifleman to
Company C, 2nd Battalion, 3d Infantry of the 199th Infantry Brigade in
Vietnam.  On 16 August 1968 he was awarded the Army Commendation Medal for
meritorious achievement.

4.  On 21 June 1968 the applicant was assigned as an automatic rifleman
with Company D, 52nd Infantry.  The applicant completed his tour of duty in
Vietnam in November 1968 and returned to the United States.  He
participated in four campaigns during his tour of duty.  The 2nd Battalion,
3d Infantry was awarded the Valorous Unit Award, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for its actions during the
time the applicant was assigned to that organization.  The 52nd Infantry
was awarded the Meritorious Unit Commendation for its actions during the
time the applicant was assigned to that organization.

5.  Subsequent to his return to the United States the applicant committed
acts of misconduct, resulting in nonjudicial punishment under Article 15,
Uniform Code of Military Justice, and conviction by a special court-
martial.  On 15 December 1970 he was discharged under the provisions of
Army Regulation 635-200 for the good of the service, under conditions other
than honorable.  His DD Form 214 shows award of the National Defense
Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.  It does
not show any of the awards that the applicant is requesting.

6.  The applicant’s enlisted qualification record shows that he was awarded
the National Defense Service Medal, the Republic of Vietnam Campaign Medal
with 60 device, the Vietnam Service Medal, and the Army Commendation Medal.
 It does not show award of the Combat Infantryman Badge or the Purple
Heart.  Item 40, Wounds, on that form contains no entry.  That form,
however, does contain the entry, “No assignment involving habitual or
frequent exposure to loud noises or firing of weapons.  No duty requiring
good hearing.”  The form shows that he was issued a profile for his hearing
on 19 July 1968.

7.  The applicant’s discharge was upgraded to honorable under the
Department of Defense special review program, and on 28 August 1978 his
discharge was again reviewed and a determination made that the change in
the characterization of his service was warranted.

8.  Army Regulation 600-8-22 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 (military occupational
specialty).  They must have served in active ground combat while assigned
or attached to an infantry unit of brigade, regimental or smaller size.  As
with all awards, formal recommendation and approval in the chain of command
are required.  The award must be announced or published in general or
permanent orders.

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

10.  The applicant’s name is not listed on the Vietnam casualty roster
maintained by this agency.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that he was wounded in action.  The applicant’s name is not listed on the
Vietnam casualty roster.  There is insufficient evidence to grant his
request for award of the Purple Heart.

2.  The evidence clearly shows that the applicant was an infantryman
serving with an infantry company in Vietnam, and was awarded the Army
Commendation Medal for meritorious achievement.  Nevertheless, his official
military personnel file contains no evidence to show that he was awarded
the Combat Infantryman Badge.  Notwithstanding the fact that he was an
infantryman, there is no evidence and he has not provided any to show that
he served in active ground combat with his infantry unit.  Noted is the
fact that at least as early as July 1968 the applicant was prohibited from
any assignment involving exposure to loud noises or firing of weapons,
which would necessarily prevent him from serving in combat.  There is
insufficient evidence to grant his request for award of the Combat
Infantryman Badge.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge
with rifle bar, the Sharpshooter Marksmanship Qualification Badge with
automatic rifle bar, and the Army Commendation Medal.  His DD Form 214
should reflect those awards.

4.  The applicant participated in four campaigns in Vietnam.  He is
entitled to award of the Vietnam Service Medal with four bronze service
stars (one for each campaign).

5.  The applicant is entitled to award of the Valorous Unit Award, Republic
of Vietnam Gallantry Cross Unit Citation with Palm, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Meritorious
Unit Commendation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TH __  ___RO __  ___JG __  GRANT PARTIAL 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 showing award of the
Expert Marksmanship Qualification Badge with rifle bar, the Sharpshooter
Marksmanship Qualification Badge with automatic rifle bar, the Army
Commendation Medal, the Vietnam Service Medal with four bronze service
stars, the Valorous Unit Award, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Meritorious Unit Commendation.

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 Purple Heart and the Combat Infantryman Badge.




                            _____Thomas Howard_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003668                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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