RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 March 2005
      DOCKET NUMBER:  AR20040004043


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Susan A. 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, in effect, award of the Purple Heart (PH) and
Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his record does not reflect the
PH and CIB.

3.  The applicant provides the following documents in support of his
application:  Department of Veterans Affairs (VA) Rating Decision, Enlisted
Qualification Record (DA Form 20), Separation Document (DD Form 214),
Newspaper Article and Third-Party Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 5 September 1967.  The application submitted in this case
is dated 25 June 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 29 November 1965.  He was trained in and awarded military
occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) and the highest
rank he attained while serving on active duty was specialist four (SP4).

4.  The applicant’s DA Form 20 shows the applicant served in the Republic
of Vietnam (RVN) from 15 September 1966 through 3 September 1967.  During
his RVN tour, he was assigned to Headquarters and Headquarters Company
(HHC),
3rd Battalion, 8th Infantry Regiment, 4th Infantry Division.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 contains
entries for duty MOS and principal duty title that show he served in MOS
11B (Infantryman) as a rifleman from 15 September 1966 through 12 March
1967, and in MOS 63B as a wrecker operator from 13 March through 3
September 1967.

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.  Item 40 (Wounds) contains an entry that indicates he was
wounded in action on
21 March 1967, when he received a fragmentation wound to his shoulder.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that he earned the following awards during his tenure on active duty:
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN
Campaign Medal, Sharpshooter Qualification Badge with Rifle Bar and 2
Overseas Bars.

8.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
orders or documents indicating he qualified for, was recommended for, or
was awarded the CIB while serving in the RVN.

9.  The 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).

10.  On 5 September 1967, the applicant was honorably released from active
duty after completing a total of 1 year, 9 months and 7 days of active
military service.  The DD Form 214 he was issued at the time shows he
earned the following awards:  NDSM, VSM, RVN Campaign Medal, Sharpshooter
Qualification Badge with Rifle Bar and 2 Overseas Bars.

11.  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.

12.  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.
13.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.

14.  Table B-1 contains a list of RVN campaigns.  It shows that during the
applicant’s tenure of assignment in the RVN, campaign credit was authorized
for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive
Phase III campaigns.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that it 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
active Federal 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.

16.  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.


17.  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 the his
tenure of assignment in the RVN, the applicant’s unit (HHC, 3rd Battalion,
8th Infantry Regiment) earned the Presidential Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with
Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was 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 21 March 1967.  This is
corroborated by an entry on the DA Vietnam Casualty Roster, which verifies
the applicant was wounded in action while serving in the RVN.  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 applicant’s contention that he is entitled to the CIB was also
carefully considered.  However, there is insufficient evidence to support
this claim.  As confirmed by the HRC Awards Branch, during the Vietnam era,
award of the
CIB was only authorized for enlisted individuals who held and served in MOS
11B, 11C, 11F, 11G, or 11H.  The evidence of record in this case confirms
that although he served in MOS 11B for a short period, the applicant held
the MOS 63B.  Further, there is no evidence that suggests he was authorized
or awarded the CIB while serving in the RVN.  Thus, the regulatory criteria
necessary to support award of the CIB has not been satisfied in this case.


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 unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the first award of the AGCM, for his
qualifying period of honorable active duty service from 29 November 1965
through 5 September 1967.

4.  The record also shows that based on his RVN service and campaign
participation, the applicant is entitled to Presidential Unit Citation, RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and 2 bronze service stars with his VSM.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MM__  ___PM__  ___SP___  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 Purple
Heart and Army Good Conduct Medal; by showing that based on his service and
campaign participation in the RVN, he is entitled to the Presidential Unit
Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
2 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
Combat Infantryman Badge.




            ____Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004043                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/09/05                              |
|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.                      |                                        |


-----------------------
[pic]