RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040006478


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 award of the Purple Heart and the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Purple Heart
and the Combat Infantryman Badge at a hospital.

3.  The applicant provides no documentation or evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 November 1970, the date of his release from active duty.
The application submitted in this case is dated 29 July 2004 and was
received on 1 September 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 limitations 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 military records show he was enlisted on 8 April 1968
for a period of 3 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty (MOS) 63H20 (engine and powertrain repairman).  The records show
that the applicant served in Vietnam from 27 April 1969 through 4 November
1970.  He was released from active duty on 11 November 1970.  He had
completed 2 years,
11 months and 4 days of active service characterized as honorable.  The
highest grade held by the applicant was specialist five/pay grade E-5.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) with an
effective date of 11 November 1970 does not show award of the Purple Heart
or the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not contain any entries showing the applicant was wounded in
action.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20  does
not show award of the Purple Heart or the Combat Infantryman Badge.

7.  The applicant's medical records show that he was treated on 13, 23, and

25 October 1970 for a superficial fragment wound on his back.

8.  The Vietnam Casualty List showed the applicant was wounded in action,
not serious, not hospitalized on 22 October 1970.

9.  The applicant's military service records do not contain orders for
award of the Purple Heart.

10.  The applicant's military service records do not contain orders for
award of the Combat Infantryman Badge.

11.  A review of the applicant's records show that he is entitled to
additional awards, which are not listed on his DD Form 214.

12.  The applicant's military service records show that he was assigned in
Vietnam from 27 April 1969 through 4 November 1970.  Based on his dates of
service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served
in the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June
1969);
the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969);
the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April
1970);
the DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970); and
the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June
1971).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that all units assigned in Vietnam
from
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Department of the Army
General Order Number 8, dated 1974.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained 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, and the medical
treatment must have been made a matter of official record.  This regulation
also provides that there is no statute of limitations on requests for award
of the Purple Heart.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge 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
Combat Infantryman Badge was awarded only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of the
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  A silver star is worn instead of five
bronze service stars.  The regulations state that authorized bronze service
stars will be worn on the appropriate service medal, which in this case is
the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
and the Combat Infantryman Badge.

2.  The evidence of record shows that the applicant is entitled to award of
the Purple Heart for wounds received on 22 October 1970 in the Republic of
Vietnam.

3.  The applicant held the MOS 63H20.  Therefore, he did not meet the
regulatory requirements for award of the Combat Infantryman Badge.

4.  The applicant's military personnel records show he participated in five
campaigns during his service in Vietnam.  Therefore, he is entitled to a
silver service star to be worn on his Vietnam Service Medal.

5.  The evidence shows that the applicant served in Vietnam during the
period that all units assigned in Vietnam were awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 November 1973.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RJW__  __KWL__  __DRT   _  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 showing:

      a.  award of the Purple Heart for wounds sustained 22 October 1970 in
the Republic of Vietnam;

      b.  award of a silver service star to be worn on his Vietnam Service
Medal; and


      c.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

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
the Combat Infantryman Badge.



                             ___Raymond J. Wagner  __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006478                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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