RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 February 2005
      DOCKET NUMBER:  AR20040002025


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, award of the Purple Heart (PH) and
Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his CIB and PH were not included
on his separation document (DD Form 214).

3.  The applicant provides a PH Certificate and DD Form 214 in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 29 September 1970.  The application submitted in this case
is dated 20 May 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’s record shows that he enlisted in the Regular Army and
entered active duty on 30 December 1968.  He was trained in and awarded
military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 15 June 1969 through 30 July
1969 and was assigned to Company E, 1st Battalion, 20th Infantry, 11th
Infantry Brigade, performing duties in MOS 11B as a rifleman.

5.  Item 38 (Record of Assignments) of the DA Form 20 further shows that
the applicant was assigned to the medical holding detachment, 106th General
Hospital as a patient on 1 August 1969 and medically evacuated to the
United States Army Hospital, Fort Polk, Louisiana.

6.  Item 38 of the applicant’s DA Form 20 also shows that he received
"Excellent" conduct and efficiency ratings at each of his active duty
assignments.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the AGCM.

7.  Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry that
indicates he received a fragmentation wound to the left leg while serving
in the RVN.

8.  On 29 September 1970, the applicant was honorably released from active
duty after completing a total of 1 year and 9 months of active military
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was
issued upon his separation shows he earned the following awards during his
active duty tenure:  National Defense Service Medal, Vietnam Service Medal,
RVN Campaign Medal with 60 Device and Sharpshooter Qualification Badge with
Rifle Bar.

9.  The applicant provides a PH Certificate, dated 5 August 1969, which
shows he was awarded the PH for being wounded in action in the RVN on 27
July 1969.

10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
roster contains an entry pertaining to the applicant that confirms he was
wounded in action in the RVN on 27 July 1969.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

12.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table B-1
contains a list of RVN campaigns.  It shows that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
Vietnam Counteroffensive Phase IV and Vietnam Counteroffensive Phase V
campaigns.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only,
upon termination of service on or after 27 June 1950, a period of more than
one but less than 3 years is a qualifying period.   Although there is no
automatic entitlement to the AGCM, disqualification must be justified.

14.  Chapter 8 of the award regulations contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel 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 Human Resources Command (HRC) 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.


15.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and CIB were carefully
considered and found to have merit.  By regulation, in order to support
award of the PH, there must be evidence showing a member was wounded in
action, that he was treated for this wound by military medical personnel
and a record of the medical treatment must have been made a matter of
official record.
2.  In this case, the evidence of record includes a DA Form 20 entry that
confirms the applicant was wounded in action while serving in the RVN,
which resulted in his medical evacuation to Fort Polk, Louisiana.

3.  In addition, the applicant provides a PH Certificate that shows he was
awarded the PH for being wounded in action in the RVN on 27 July 1969 and
the fact he was wounded in action in the RVN on that date is corroborated
by an entry on the DA Vietnam Casualty Roster, the official list of RVN
battle casualties.  As a result, the regulatory burden of proof necessary
to support award of the PH has been satisfied in this case and it would be
appropriate to award the applicant the PH and add it to his record at this
time.

4.  The evidence of record also confirms that while serving in the RVN, the
applicant held an infantry MOS, served in a qualifying infantry unit and
participated with this qualifying unit while it was engaged in combat
action.  Therefore, he meets the regulatory criteria necessary for award of
the CIB, and it would also be appropriate to add this award to his record
at this time.

5.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 30 December 1968 through 29
September 1970.

6.  The record also confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam
Service Medal.  Thus, it would also be appropriate to add these awards to
his record at this time.
BOARD VOTE:

___TDH _  __JBI__ _  __MBL__  GRANT 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 awarding him the Purple Heart, Combat
Infantryman Badge and Army Good Conduct Medal; by showing he is entitled to
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2
bronze service stars with his Vietnam Service Medal; and by providing him a
corrected separation document that includes these awards.




            ____Thomas D. Howard___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002025                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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