RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 AUGUST 2004
      DOCKET NUMBER:   AR2004103219


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |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 award of the Purple Heart and Combat Infantryman
Badge.

2.  The applicant states, in a self-authored statement, that during a
mortar attack in May 1968, he sustained a wound to his back.  He states, in
effect, that during the attack when he got to a bunker one of the guys told
him he was bleeding.  After things cleared, the applicant states that he
made it over to an aid station where a mole was removed which had
previously been "sliced through" during the mortar attack.  He states he
received stitches and had to return the next day to be stitched again as
the original stitches had pulled loose when he was diving for cover.

3.  In that same statement, the applicant lists multiple dates when he came
under enemy attack.

4.  The applicant provides no evidence, beyond his self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 August 1968.  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 15 August 1966.  He was trained as a field
wireman (36K).

4.  While undergoing training, he qualified as a sharpshooter with the M-14
rifle and as an expert with the M-16 automatic rifle.  He was awarded the
associated badges and component bars, but the information was omitted from
his separation document.  Orders issued at Fort Chaffee, Arkansas and at
Fort Bliss, Texas confirmed the awards.

5.  In August 1967 he was assigned to Vietnam as a wireman with the 8th
Infantry.  He remained in Vietnam until August 1968 when he returned to the
United States.
6.  On 5 August 1968 he was released from active duty.  Neither his
separation document, nor his Department of the Army Form 20 (Enlisted
Qualification Record) reflect entitlement to the Combat Infantryman Badge
or the Purple Heart.  Item 40 (wounds) on his Department of the Army Form
20 is blank.

7.  Other than a separation physical examination, conducted on 5 August
1968, there were no medical records available to the Board, or provided by
the applicant.  His separation physical examination makes no mention of any
wounds sustained as a result of hostile action and the applicant's name is
not among a list of individuals reported as combat casualties during the
Vietnam War.

8.  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.

9.  Army Regulation 600-8-22 also states that 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.

10.  A review of Department of the Army Pamphlet 672-3 indicates that the
applicant would have participated in four designated campaign periods
(Vietnam Counteroffensive Phases III, IV, and V, and TET Counteroffensive)
while in Vietnam.  Four bronze service stars on his Vietnam Service Medal,
which is reflected on his separation document, should reflect his campaign
participation.  The applicant's unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while the applicant was
a member of the organization.  The unit awards were omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, nor has the applicant provided any, which
confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of medical evidence confirming that he was
wounded, treated by a medical doctor, and the treatment made a matter of
official record, there is no basis for an award of the Purple Heart.

2.  Although the applicant may have been subjected to enemy attacks while
in Vietnam, he did not hold an infantry specialty (11) and as such, did not
meet one of the primary eligibility requirements for award of the Combat
Infantryman Badge.
3.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
this requirement.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 August 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 August 1971.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___JM___  ___GW__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show:

      a.  he qualified as a sharpshooter with the M-14 rifle and as an
expert with the M-16 automatic rifle and was awarded the associated badges
and component bars; and


      b.  he is entitled to four bronze service stars on his Vietnam Service
Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




            _____ Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103219                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |