RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 February 2005
      DOCKET NUMBER:  AR20040000204


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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 he be awarded the Purple Heart and the
Combat Infantryman Badge (CIB).

2.  The applicant states that he was shot during hostile action in April
1969, evacuated to the hospital ships Repose and Sanctuary and then
transferred to Headquarters, Military Assistance Command, Vietnam (HQ,MACV)
where he became an instructor to the Vietnamese.  They were told, in the
field, that after any action they were authorized to wear the CIB.  In his
case, the paperwork seems to have never caught up to him.  He is currently
being treated for metastasized malignant melanoma and has filed an Agent
Orange claim.  He knew that the awards were not in his record but really
did not care until faced with his own mortality.

3.  The applicant provides no supporting documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 4 January 1970.  The application submitted in this case is
dated 25 March 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.  The applicant enlisted on 27 May 1968, completed training as a light
weapons infantryman, received military occupational specialty (MOS) 11B10
and was posted to Vietnam.  He served as a rifleman with D company, 1st
Battalion (Airmobile), 506th Infantry from 20 December 1968 to 21 May 1969
when he was transferred, as a rifleman, to HQ, MACV.  He returned to the
United States on 3 January 1970 and was separated early as an overseas
returnee.

4.  There are no award orders in the available records.

5.  His DD Form 214, (Report of Transfer or Discharge) lists his authorized
awards as the National Defense Service Medal, the Vietnam Service Medal,
the Vietnam Campaign Medal and the Army Commendation Medal.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
advanced to specialist four (E-4), on 18 April 1969 while with D Company,
1st Battalion, 506th Infantry.  His awards are shown in item 41 as the
Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation
Medal awarded by HQ MACV General Order Number 7267, and "SS Bad w Bar" and
the "MM Badge w/Bar."  Item 39 (Campaigns) credits him with one unnamed
campaign and item 40 (Wounds) is blank.  Item 38 (Record of Assignments)
shows that his conduct and efficiency evaluations were exclusively
excellent throughout his period of active duty service.

7.  In the medical history that the applicant provided for his separation
physical examination the applicant indicated that he had been hospitalized
on "Hospital ship sanctuary, military doctors, Ear trouble and nerves in
right small finger were severed."  The examining physician noted the
hearing problem and referred the applicant to the local ENT [Ear Nose and
Throat] clinic without other comment.

8.  Army Regulation 600-8-22 provides, that the Purple Heart is awarded for
a wound sustained while in action against an enemy or 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.  The regulation also provides  that the CIB is awarded to infantry
officers and to enlisted and warrant officer persons who have an infantry
MOS.  They must have served in active ground combat while assigned or
attached to an infantry unit of brigade, regimental or smaller size.  The
Awards Branch of the U.S. Army Human Resources Command (formerly known as
the Total Army Personnel Command) has advised, in similar cases, that
during the Vietnam era the CIB was awarded only to enlisted individuals who
held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 also provides that the 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.  A record of
punishment is not automatically disqualifying.  At that time, a single
conduct or efficiency rating of
less than excellent was disqualifying; although, a “Good” academic mark in
a service school was not disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
unfavorable consideration and permits the individual to respond.  At that
time, disqualification was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  Appendix B lists the
designated campaign
periods for which a bronze service star is authorized for wear on the
Vietnam Service Medal.  The applicant served during the following four
designated campaign periods:  Counteroffensive Phase VI, 2 November 1968 –
22 February 1969; Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969;
Vietnam Summer Fall 1969, 9 June 1969 – 31 October 1969; Vietnam Winter
Spring 1970; 1 November 1969 – 30 April 1970.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows
that, during the applicant's tenure the 1st Battalion, 506th Infantry was
awarded the Presidential Unit Citation for the period 10 –21 May 1969, the
Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation Badge and
the RVN Civil Actions Honor Medal First Class Unit Citation Badge.

13.  Searches of the historical files of the applicant's units and the deck
logs of the USS Repose and USS Sanctuary were searched at the National
Archives College Park, Maryland failed to produce any substantiating
evidence to show that the applicant is entitled to the Purple Heart or was
awarded the CIB.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there is insufficient substantiating evidence to show
that the applicant was treated for a wound sustained while in action
against an enemy or as a result of hostile action, which would make him
eligible for an award of the Purple Heart.

2.  He was an infantryman serving in an infantry battalion for 6 months
during which it was awarded a Presidential Unit Citation.  It is reasonable
to conclude that he served in active ground combat, especially given that
he was promoted to pay grade E-4 and transferred to MACV headquarters.
Generally, Soldiers in Vietnam earned transfer out of the field.  He should
be awarded the CIB.

3.  The applicant distinguished himself by his conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service as
evidenced by his exclusively excellent conduct and efficiency ratings, his
advancement to pay grade E-4 and the award of the Army Commendation Medal.
He should be awarded the Good Conduct Medal.

4.  Item 41 of the applicant's DA Form 20 confirms the award of the Army
Commendation as shown on his DD Form 214.  Otherwise, it is remarkably
incomplete [it does not even list the National Defense Service Medal].  The
qualification badge entries fail to specify what weapon bar was authorized.
 It can be concluded; however, that the first entry is for the service
rifle since that is always the first weapon with which every Soldier
qualifies.  The applicant's record should show that he was awarded the
Sharpshooter Badge with Rifle Bar.

5.  The applicant served during four designated campaign periods and is
authorized to wear four bronze service stars on the Vietnam Service Medal.

6.  His infantry unit was awarded the Presidential Unit Citation, the
Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation Badge and
the RVN Civil Actions Honor Medal First Class Unit Citation Badge.  He is
authorized these awards.

7.  The above authorized awards should be shown on the applicant's DD
Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM___  __WTM_  __WDP__  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.  awarding him the Combat Infantryman Badge and the Good Conduct
Medal and;

      b.  showing on his DD Form 214 that his authorized awards include the
Army Commendation Medal, the National Defense Service Medal, the Vietnam
Service Medal with four bronze service stars, the Vietnam Campaign Medal
with "1960" device the Presidential Unit Citation, the RVN Gallantry Cross
with Palm Unit Citation Badge, the RVN Civil Actions Honor Medal First
Class Unit Citation Badge, the Combat Infantryman Badge and the
Sharpshooter Qualification Badge with Rifle Bar.

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.




                                  Walter T. Morrison__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000204                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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