RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 MAY 2005
      DOCKET NUMBER:  AR20040006305


      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:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 award of the Purple Heart and the combat air
assault medal.

2.  The applicant states that he received multiple fragmentation wounds to
his left brachial artery from a claymore mine.  He participated in over 25
missions.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 May 1969.  The application submitted in this case is
dated           9 August 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 18 May 1966, trained
as an infantryman and completed airborne training at Fort Bragg, North
Carolina.  On    2 November 1966 he was awarded the Parachutist Badge.  In
September 1967 he was assigned to Company C, 4th Battalion, 12th Infantry
of the 199th Infantry Brigade in Vietnam.  He was awarded the Combat
Infantryman Badge on           10 September 1967, promoted to sergeant in
October 1967 and staff sergeant in December of that year.

4.  Orders show that he was hospitalized at the 7th Field Hospital on 6
January 1968 and on 12 January 1968 orders were published transferring him
to the Army hospital at Fort Ord, California.  On 6 April 1968 he was
transferred from that hospital to the training center at Fort Ord.  He was
released from active duty on 16 May 1969.  Prior to his release he
underwent a physical examination.  The report of that examination indicates
that the applicant had a surgical scar to his left and right shoulders.  In
the report of medical history that he furnished for the examination, the
applicant stated that he was wounded on 27 December 1967 in both arms by a
claymore mine.

5.  The applicant’s enlisted qualification record shows that he sustained
fragmentation wounds to both arms on 27 December 1967.

6.  The Adjutant General informed the applicant’s parents via a Western
Union telegram that the applicant was slightly wounded on 27 December 1967
as a result of hostile action, sustaining metal fragment wounds to both
arms.

7.  The applicant’s name is listed on the Vietnam Casualty Roster
maintained by this agency.

8.  The applicant participated in one campaign during his tour in Vietnam.
The 4th Battalion, 12th Infantry was awarded 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 his
assignment to that organization.
9.  The applicant’s DD Form 214 shows award of the National Defense Service
Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the
Marksman (Rifle) Badge.  It does not show award of the Purple Heart.

10.  The Army Good Conduct Medal 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.

11.  The Air Assault Badge is awarded for satisfactory completion of an air
assault training course or the standard air assault course while assigned
to the 101st Airborne Division since 1 April 1974.

12.  The bronze arrowhead denotes participation in a combat parachute jump,
helicopter assault landing, combat glider landing, or amphibious assault
landing, while assigned or attached as a member of an organized force
carrying out an assigned tactical mission.  It is worn on the Vietnam
Service Medal.

13.  The Air Medal is awarded to a Soldier who distinguished himself by
meritorious achievement while participating in aerial flight.  Awards may
be made to recognize single acts of merit or heroism, or for meritorious
service.

14.  Section 1130 of Title 10, United States Code requires that a request
for a decoration, such as the Air Medal, requires that it be referred to
the Service Secretary from a Member of Congress.  An applicant is required
to submit such a request through a Member of Congress to the Secretary of
the Army.  The burden and cost for researching and assembling documentation
to support approval of the requested award and decorations rests with the
requester.

15.  Army Regulation 600-8-22 provides the policy, criteria, and
administrative instructions concerning awards.  That regulation lists the
individual, service, and unit awards, and the badges and tabs authorized.
It does not list an award, “combat air assault medal.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action on 27 December
1967.  He is entitled to award of the Purple Heart.

2.  The applicant served his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in one campaign during his tour of duty in
Vietnam. He is entitled to award of the Vietnam Service Medal with one
bronze service star, indicating his participation in that one campaign.  He
is also entitled to award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.

4.  The applicant was awarded the Parachutist Badge.  That award should be
shown on his DD Form 214.

5.  It is unclear what the applicant means in requesting the “combat air
assault medal.”  There is no such award.  If he refers to the Air Assault
Badge, then there is no evidence to show that he met the requirements for
that badge; if referring to the bronze arrowhead, again, there is no
evidence to show entitlement.  If, however, the applicant is requesting
award of the Air Medal, then the applicant must make such a request to a
Member of Congress.  In view of the foregoing, the applicant’s request in
this respect need not be addressed by the Board, and will not be further
discussed.

BOARD VOTE:

___JP___  ___BI___  __AU____  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 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 Purple Heart, the
Army Good Conduct Medal, the Vietnam Service Medal with one bronze service
star, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Parachutist Badge.




                            _____ Jennifer Prater________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006305                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050510                                |
|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.                      |                                        |


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