RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           03 AUGUST 2004
      DOCKET NUMBER:   AR2004103466


      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.

2.  The applicant states he sustained shrapnel wounds to both of his hands
while serving in Vietnam.  He states that he was treated at a field
hospital and awarded the Purple Heart during a formation.

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 19 January 1971.  The application submitted in this case
is dated
22 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 entered
active duty on 20 January 1969.

4.  While undergoing training, the applicant qualified as a sharpshooter
with the M-16 automatic rifle and the M-60 machine gun.  He was awarded the
associated badge and component bars.  Orders issued at Fort Polk, Louisiana
confirmed the awards but the information was omitted from his separation
document.

5.  In June 1969, following completion of training, the applicant was
assigned to Vietnam as a rifleman (11B) with the 1st Battalion, 46th
Infantry.

6.  There were no medical records available to the Board, or provided by
the applicant, and his name is not among a list of individuals reported as
combat causalities during the Vietnam War.  Item 40 (wounds) on his
Department of the Army Form 20 (Enlisted Qualification Record) is blank.
The applicant last authenticated the accuracy of the information on his
Department of the Army Form 20 on 20 July 1970.

7.  In June 1970 the applicant returned to the United States and completed
his service contract at Fort Carson, Colorado.  He was released from active
duty on 19 January 1971 in pay grade E-4, with an honorable
characterization of service. Neither his separation document, nor his
Department of the Army Form 20 reflect entitlement to the Purple Heart.

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.  A review of Department of the Army Pamphlet 672-3 indicates that the
applicant would have participated in three designated campaign periods
(Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and Sanctuary
Counteroffensive) while in Vietnam.  Three 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 a Valorous Unit Award and three awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.  The unit awards were omitted from
his separation document.

10.  Army Regulation 600-8-22 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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, 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.  The evidence does, however, confirm that the applicant qualified as a
sharpshooter with the M-16 automatic rifle and the M-60 machine gun and was
awarded the associated badge and component bars.  His records should be
corrected accordingly.

3.  The evidence also confirms that the applicant is entitled to three
bronze service stars on his Vietnam Service Medal, a Valorous Unit Award,
and three awards of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

4.  While there are no orders confirming that the applicant was ever
awarded the Combat Infantryman Badge, the evidence of records suggestions
that he met the basic requirements for award of the Badge.  His records
confirm that he was an infantryman (11B) assigned to an infantry unit, and
his unit’s award of a Valorous Unit Award and three awards of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm suggests that the
applicant's unit was routinely engaged in combat actions during the period
the applicant was assigned to the organization. As such, in the interest of
justice and equity, it would be appropriate to award the applicant the
Combat Infantryman Badge.

5.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 19 January 1971.  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 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 20 January 1969 through
19 January 1971.

BOARD VOTE:

___FE __  ___JM___  ___GW _  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:
      a.  by awarding him the Combat Infantryman Badge and the Army Good
Conduct Medal;


      b.  by showing that he qualified as a sharpshooter with the M-16
automatic rifle and the M-60 machine gun and was awarded the associated
badge and component bars; and


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


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.





            _____Fred Eichorn_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103466                            |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |