RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 February 2005
      DOCKET NUMBER:  AR20040002334


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Ms. Marla N. Troup                |     |Member               |
|     |Mr. Peter B. Fisher               |     |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).

2.  The applicant states, in effect, that his separation document (DD Form
214) be corrected by including the PH in the list of authorized awards
contained in Item 24 (Decorations, Medal, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).

3.  The applicant provides the following documents in support of his
application:  Clinical Record Cover Sheet (DA Form 3647-1), Clinical Record
(SF 502), Physical Profile Record (DA Form 3349) and Chronological Record
of Medical Care (SF 600).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 December 1971.  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 he was inducted into the Army and entered
active duty on 24 April 1970.  His Enlisted Qualification Record (DA Form
20) shows he was trained in, awarded and served in military occupational
specialty (MOS) 11B (Infantryman).  He was promoted to the rank of
specialist four (SP4) on 10 May 1971 and this is the highest rank he
attained while serving on active duty.

4.  The applicant’s DA Form 20 also shows that he served in the Republic of
Vietnam (RVN) from 21 September 1970 through 20 September 1971 and was
assigned to Troop C, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry
Division, performing duties in MOS 11B as a rifleman.  Item 38 shows that
he received "Excellent" conduct and efficiency ratings at each of his
active duty assignments and Item 40 (Wounds) contains an entry that
indicates he was wounded in action on 10 February 1971, when he received
fragmentation wounds to the left side and right leg.

5.  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 AGCM.

6.  On 15 December 1971, the applicant was honorably released from active
duty after completing a total of 1 year, 7 months and 22 days of active
military service. Item 24 of the DD Form 214 he was issued upon his
separation lists the following awards:  National Defense Service Medal,
Vietnam Service Medal with 1 bronze service star, RVN Campaign Medal with
60 Device and Expert Qualification Badge with Rifle and Machine Gun Bars.

7.  The applicant provides medical treatment documents that confirm he was
treated for multiple fragment wounds to both lower extremities that he
received during hostile action in the RVN on 10 February 1971.

8.  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 10 February 1971

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.  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.

11.  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.


12.  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.  The evidence of record includes a DA
Form 20 entry that confirms he was wounded in action on 10 February 1971,
while serving in the RVN.  The applicant provides medical treatment records
confirming he was treated for his wounds by military medical personnel and
the DA Vietnam Casualty Roster contains an entry confirming he was wounded
in action.  As a result, the regulatory burden of proof necessary to
support award of the PH has been satisfied in this case.  Thus, it would be
appropriate to award the applicant the PH and add it to his record at this
time.

2.  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.
3.  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 24 April 1970 through 15
December 1971.

4.  The record also confirms that based on his service in the RVN, the
applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation
and it would also be appropriate to add this award to his record at this
time.

BOARD VOTE:

___PBF_  ___TMN    __HOF __  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 by
providing him a corrected separation document that includes these awards.




            ___Hubert O. Fry _______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002334                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/12/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |XMAS Early Release                      |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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