RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004103196


      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. Mark Manning                  |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Robert Duecaster              |     |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 Combat Infantryman Badge and the
Purple Heart.

2.  The applicant states he stepped on a “booby trap” and sustained
injuries to his leg and was treated in the field.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 August 1967.  The application submitted in this case is
dated
15 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 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 5 August 1965.  He was trained as an infantryman
(11B).

4.  In January 1966 he was assigned to the 11th Aviation Battalion, where,
according to entries on his Department of the Army Form 20 (Enlisted
Qualification Record) he performed duties as a security guard.

5.  In December 1966 the applicant returned to the United States and
completed his induction period at Fort Hood, Texas.

6.  There were no service medical records available to the Board or
provided by the applicant.  A “Physical and Mental Status on Release from
Active Service” form, completed as part of the applicant’s separation
process, noted the applicant had a physical profile of 1-1-1-1-1-1.  Item
40 (wounds) on his Department of the Army Form 20 was blank and there was
no indication that the



applicant was ever awarded the Purple Heart.  He last authenticated the
information on his Department of the Army Form 20 in January 1967.  The
applicant’s name is not among a list of individuals reported as combat
casualties during the Vietnam War.

7.  On 4 August 1967 the applicant was released from active duty in pay
grade
E-4, with an honorable characterization of service.

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

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 two designated campaigns (Vietnam
Counteroffensive and Vietnam Counteroffensive Phase II) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded the two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm and a
Valorous Unit Award during his tenure with the organization.  The unit
awards were also omitted from his separation document.

12.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of


the Good Conduct Medal the enlisted person must have had all “excellent”
conduct and efficiency ratings and no convictions by a court-martial.  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.  With
the publication of the new Army Regulation 672-5-1, in 1974, the
requirement for all excellent conduct and efficiency ratings was dropped
and an individual was required to show that he/she willingly complied with
the demands of the military environment, had been loyal and obedient, and
faithfully supported the goals of his organization and the Army.  Today,
Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes
that there is no automatic entitlement to the Army Good Conduct Medal and
disqualification must be justified.  Current practice requires that the
commander provide written notice of nonfavorable consideration and permits
the individual to respond.

13.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have held an infantry specialty (11B), he
was assigned to an aviation unit while in Vietnam and as such, did not meet
one of the basic requirements for award of Combat Infantryman Badge.

2.  There is no medical evidence, and the applicant has not provided any,
that he was wounded as a result of hostile action while in Vietnam.  In the
absence of such evidence, there is no basis for an award of the Purple
Heart.

3.  The evidence does confirm, however, that the applicant is entitled to
two bronze service stars on his Vietnam Service Medal, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Valorous
Unit Award.  His separation document should be corrected accordingly.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 4 August 1967.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 5 August 1965 through
4 August 1967.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___KH_ _  ___RD __  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:

      a.  showing that he is entitled to two bronze service stars on his
Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and a Valorous Unit Award; and


      b.  awarding him the Army Good Conduct Medal for the period 5 August
1965 through 4 August 1967.

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 Combat Infantryman Badge and the Purple Heart.




                            ______Mark Manning________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103196                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040914                                |
|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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