RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 March 2005
      DOCKET NUMBER:  AR20040002171


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 he was assigned to a combat unit
in the Republic of Vietnam (RVN) and was wounded in action and medically
evacuated to the 9th Evacuation Hospital, DeNang, RVN.

3.  The applicant provides a copy of his Separation Document (DD Form 214)
and Enlisted Qualification Record (DA Form 20) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 27 August 1969.  The application submitted in this case is
dated
26 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 he was inducted into the Army and entered
active duty on 12 January 1968.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman) and the highest rank he
attained while serving on active duty was private first class (PFC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 31 August 1968 through 30 August 1969.  It further
shows that during his RVN tour, he was assigned Company B, 1st Battalion,
506th Infantry, performing duties in MOS 11B as a rifleman.
5.  Item 38 of the applicant’s DA Form 20 shows he received “Excellent”
conduct and efficiency ratings at all of his active duty assignments.  Item
40 (Wounds) of the applicant’s DA Form 20 is blank.

6.  The applicant’s 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 Army Good Conduct Medal (AGCM).  It also contains a
copy of Headquarters 101st Airborne Division General Orders Number 7415,
dated 22 June 1969, which awarded the applicant the Air Medal, for the
period
1 July 1968 through 29 May 1969.  The MPRJ contains no medical treatment
records that indicate the applicant was ever wounded/injured in action.

7.  On 27 August 1969, the applicant was honorably discharged after
completing a total of 1 year, 7 months and 16 days of active duty service.
The DD Form 214 he was issued at the time confirms he earned the following
awards during his tenure on active duty:  RVN Campaign Medal (RVNCM),
Vietnam Service Medal (VSM), National Defense Service Medal and
Sharpshooter Qualification Badge with Rifle Bar.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among this official list of
RVN battle casualties.

9.  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.
10.  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.

11.  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
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.
Although there is no automatic entitlement to the GCM, disqualification
must be justified.

12.  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.


13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 506th Infantry)
earned the Presidential Unit Citation, Valorous Unit Award, Meritorious
Unit Commendation, RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

14.  The Unit Citation and Campaign Participation Credit Register further
confirms that during his tenure of assignment in the RVN, he was credited
with participating in the following four campaigns:  Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, and Vietnam Summer-Fall 1969.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was considered and
found to have merit.  The evidence of record confirms the applicant served
in an infantry MOS in a qualifying infantry unit during a period when the
unit earned the PUC, VUA and MUC.  As a result, it is concluded the
applicant personally participated in combat with his unit during this
period and therefore is entitled to the CIB.

2.  The applicant’s claim of entitlement to the PH was also carefully
considered.  However, by regulation, in order to award the PH it is
necessary to establish that a soldier was wounded as a result of enemy
action, that the wound required treatment by a medical officer, and that
the record of medical treatment was made a matter of official record.

3.  In this case, the evidence of record includes no indication that the
applicant was ever wounded/injured in action, or that he was ever treated
for a combat related wound/injury.  Further, Item 40 of his DA Form 20 is
blank and his name is not included on the Vietnam Casualty Roster, which
would indicate he was never wounded/injured in action.  Lacking any
evidence of record to corroborate his claim of entitlement to the PH, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

4.  The applicant's record also confirms 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 unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the AGCM, for his qualifying period of
honorable active duty service from 12 January 1968 through 27 August 1969.


5.  The applicant’s MPRJ also contains a copy of orders awarding the
applicant the Air Medal.  Therefore, it would be appropriate to add this
earned award to his record at this time.

6.  Finally, the record confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the Presidential
Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___RLD_  ___WTM_  ___AU___  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 awarding him the Combat
Infantryman Badge and Army Good Conduct Medal; by adding the Air Medal he
earned to his record; by showing that based on his service and campaign
participation in the RVN, he is entitled to the Presidential Unit Citation,
Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal; and by providing him
a corrected separation document that includes these awards.

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                 |AR20040002171                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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