RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040009541


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Maria J. N. Troup             |     |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 correction of his records to show award of the
Purple Heart and the Combat Infantryman Badge (CIB).

2.  The applicant states that he was assigned to A Company, 1/327 101st
Airmobile in Phu Bai Republic of Vietnam (RVN).  He continues that he was
wounded on 2 October 1968 and was treated by the unit medic.

3.  The applicant further states that he was transferred to the base
hospital at Cam Ranh Bay and later sent to 2 hospitals in Japan.

4.  The applicant provides a copy of a VA Form 21-6782 (Original Disability
Compensation) from the Department of Veterans Affairs (DVA) and a military
service printout in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   13 June 1969.  The application submitted in this case is
dated 25 October 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 was inducted into the Army of the United States and
entered the Army on 14 June 1967.  He completed the required training and
was awarded military occupational specialty (MOS) 11B2P (Light Weapons
Infantryman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
served in Vietnam from 10 January 1968 through 9 January 1969.  However,
Special Orders Number 26, show the applicant assigned to medical hold at
Fort Bragg, North Carolina effective 1 November 1968.



5.  The DA Form 20 also shows he was assigned to the 1st Battalion, 327th
Infantry, 101st Airborne Division (RVN) from 22 January 1968 to 21 July
1968 and performed duties in the MOS 11B2 (Rifleman) 1st Cavalry Division
(Airmobile).  He was reassigned to the 1st Battalion, Air Cavalry, 327th
Infantry from 22 July through 22 November 1968.

6.  Item 40 (Wounds) of the DA Form 20 contains no entry, which would
indicate that he was not wounded or injured in action while serving in
Vietnam.  There are no medical records contained in the applicant’s
military personnel file.

7.  Item 48 (Date of Audit) confirms that the applicant reviewed his DA
Form
20 on 22 June 1968, and verified that the information contained therein was
correct at that time.

8.  Special Orders Number 14, Headquarters, 82nd Airborne Division, dated
16 January 1969 show the applicant was awarded the Expert Marksmanship
Badge with Rifle Bar.  This award is not shown on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).

9.  The applicant’s DD Form 214 shows in Item 24 (Decorations, Medals,
Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) he earned the National Defense Service Medal, the Parachute
Badge, and the Vietnam Service Medal.  The Purple Heart and the CIB are not
included in the list of earned awards.

10.  On 13 June 1969, the applicant was honorably discharged after
completing
2 years of active military service.  The DD Form 214 issued to him on this
date confirms he held the MOS 11B2P in the pay grade of specialist/E-4 and
that he completed a total of 2 years of active military service.

11.  The applicant authenticated his DD Form 214 with his signature in
Item 32 (Signature of Person Being Separated), thereby verifying that the
information contained was correct at the time the document was prepared and
issued.

12.  The applicant’s name is not listed on the Department of the Army
Vietnam Casualty Roster.

13.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart or the CIB.  There is also no
evidence in his records that shows he wounded or treated for wounds as a
result of hostile action.

14.  The applicant’s records contain Special Orders Number 291,
Headquarters, United States Army Vietnam, dated 17 October 1968.  These
orders show the applicant was assigned to the RVN 106th General Hospital on
5 October 1968.

15.  The applicant’s records contain a document, dated 1 November 1968
which shows that the applicant was medevaced on or about 22 September 1968.
 It appears the applicant was transferred to a medical facility in Vietnam.
 This document does not contain any additional information regarding the
applicant’s injury/illness.

17.  The applicant’s records contain Special Orders Number 226,
Headquarters, Womack Army Hospital Specialized Treatment Center, Fort
Bragg, North Carolina, dated 1 November 1968.  These orders show that the
applicant was placed on medical hold effective 18 November 1968.  No
diagnosis was annotated on this document.

18.  The applicant provided a copy of a DVA document which shows that he
was awarded a 10 percent disability rating for a shrapnel wound to the left
leg effective on 14 June 1969.  The applicant’s military record also shows
that he filed a claim with the DVA on 12 May 2004.

19.  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 awarding the Purple Heart.  It states, in
pertinent part, that in order to award a Purple Heart, 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.

20.  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 for each Vietnam campaign a member is credited
with participating in while serving in the Vietnam.

21.  Table 2-1 of the awards regulation contains a list of authorized
campaigns and it shows that during his assignment tenure, the applicant was
credited with participating in the Vietnam Counteroffensive Phase III, the
Tet Counteroffensive, the Counteroffensive Phase IV, and the
Counteroffensive Phase V.




22.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

23.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit.  This document confirms that the applicant’s unit,
the
1st Battalion, 327th Infantry, earned award of the Republic of Vietnam
Civil Actions Honor Medal First Class and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

24.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart and the
supporting documents he provided were carefully considered.  However, there
is insufficient evidence in the available records to support his claim.  By
regulation, in order to award the Purple Heart it is necessary to establish
that a Soldier was wounded in action, that the wound required treatment by
a medical officer, and that the record of medical treatment must have been
made a matter of official record.

2.  While the applicant’s records contain documents which show he was
medevaced and hospitalized, there is insufficient evidence in these records
regarding the nature and circumstances surrounding his injuries and
treatment.  In the absence of such evidence, there is insufficient evidence
upon which to base award of the Purple Heart.

3.  The applicant submitted a DVA document which shows he was awarded a
10 percent disability rating for a shrapnel wound to his left leg.
However, there are no Army medical records available which show he was
injured as the result of hostile fire.

4.  The applicant contends that he is entitled to the Combat Infantryman
Badge.  By regulation, in order to qualify for the Combat Infantryman
Badge, in addition to serving in combat with a qualifying unit, an enlisted
Soldier must have held an infantry MOS, which according to Army HRC awards
officials include MOS 11B. The applicant’s records confirm he was awarded
the MOS 11B.  However, there is insufficient evidence in the available
records which show he actively participated in ground combat.

5.  The applicant is advised that if he can provide his service medical
records or other evidence which shows the nature and circumstances of his
injury, he may reapply to the Board for reconsideration of these awards.

6.  Special Orders Number 14, Headquarters, 82nd Airborne Division show the
applicant was awarded the Expert Marksmanship Badge with Rifle Bar.
Therefore his records should be corrected to show this award.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 June 1969.  Therefore, the time for
him file a request for correction of any error or injustice expired on 12
June 1972.  However, he failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

8.  The evidence of record does show that based on his RVN service and
campaign participation, the applicant is entitled the Republic of Vietnam
Civil Actions Honor Medal First Class, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign
Medal with 1960 Device, and four bronze service stars for wear on his
already awarded VSM.  The omission of these awards from his record and
separation document is an administrative matter that does not require Board
action to correct.  Therefore, administrative correction of the applicant's
records will be accomplished by the Case Management Support Division
(CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KAN  _  __WDP__  __MJNT _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis correct his records to show his entitlement to the
Expert Marksmanship Badge with Rifle Bar, the Republic of Vietnam Civil
Actions Honor Medal First Class, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Republic of Vietnam Campaign Medal with 1960
Device, and four bronze service stars to be worn on his Vietnam Service
Medal.





                                  ___Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009541                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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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