RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20040009678


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to reflect his Vietnam
service by listing:

      a.  The Bronze Star Medal, the Purple Heart, the Air Medal, the
Combat Infantryman Badge, and any Vietnamese awards to which he is
entitled.

      b.  Time served in Vietnam in Item 22c (Foreign and/or Sea Service).

2.  The applicant states that he was separated on temporary records.  It
upsets him that the Army can record all of his AWOL (absent without leave)
time on his temporary records, but cannot record his Vietnam service or the
awards he received.

3.  The applicant provides an unsigned, undated letter in which he relates
his military service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1973.  The application submitted in this case
is dated 28 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 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 Board noted the applicant’s request for award of the Bronze Star
Medal.  However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Bronze Star Medal under
this provision of law.  As a result, award of the Bronze Star Medal
requested by the applicant is not discussed further in these Proceedings.

4.  The applicant’s military records are not available to the Board for
review.  The applicant amassed 104 days of lost time, 78 days of which were
attributable to AWOL.  During his absence, he was dropped from the rolls
(DFR) of his unit as a deserter.  It is believed that the applicant’s
records, including his military medical records, were lost when he was
placed in a DFR status.  However, there were sufficient documents remaining
in a reconstructed record for the Board to conduct a fair and impartial
review of this case.

5.  The applicant enlisted in the Regular Army for 3 years on 18 May 1970.
He was assigned to Fort Lewis, Washington for Basic Combat Training (BCT)
and Advanced Individual Training (AIT).  Although he had periods of AWOL,
he apparently completed all required training requirements and was awarded
MOS (military occupational specialty) 11B, Light Weapons Infantryman.

6.  The applicant's exact dates of Vietnam service are not known.  General
Orders Number 817, Headquarters, 101st Airborne Division (Airmobile), dated
25 January 1972, shows the applicant was awarded the Air Medal for the
period 23 February 1971 to 22 February 1972.  The order also shows he was a
member of Company C, 1st Battalion, 502nd Infantry, 101st Airborne
Division.

7.  The applicant indicates in his unsigned, undated letter that he
returned to the Continental United States (CONUS) in a unit movement with
Company C, 1st Battalion, 502nd Infantry.  Historical documents indicate
the 1st Battalion, 502nd Infantry departed Vietnam in February 1972.
However, the applicant's available records contain no orders showing his
actual date of assignment to, or return from Vietnam.  It is noted the
dates of service for his award of the Air Medal may be the actual dates of
his service in Vietnam or very close to the actual dates.  Complete
verification his dates of service would require a search of orders and
morning reports.

8.  The available record shows the applicant was absent without leave
(AWOL) on three separate occasions.  The record also contains a record non-
judicial punishment under the provisions of Article 15, Uniform Code of
Military Justice and a special court-martial order showing he was convicted
of AWOL from 7 November 1970 to 14 January 1971.

9.  On 31 August 1973, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group
(Reinforcement).  His DD Form 214 shows he had 3 years, 0 months, and 0
days of active Federal creditable service.  He had 104 days of lost time.
The DD Form 214 shows he was awarded the National Defense Service Medal.
Item 22c (Foreign and/or Sea
Service) has the entry "0 years, 0 months, and 0 days."  He was
subsequently honorably discharged on 1 May 1976 from the U.S. Army Reserve
Control Group (Standby).

10.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part:

      a.  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.  During Vietnam, US
Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) also
provided for award of the Purple Heart.  The regulation stated that
authority to award the Purple Heart was delegated to hospital commanders.
Further, it directed that all personnel treated and released within 24
hours would be awarded the Purple Heart by the organization to which the
individual was assigned.  Personnel requiring hospitalization in excess of
24 hours or evacuation from Vietnam would be awarded the Purple Heart
directly by the hospital commander rendering treatment.

      b.  The Good Conduct Medal (GCMDL) is awarded to Soldiers 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.  Army Regulation 672-5-
1, in effect at the time the applicant was discharged, required that
throughout a qualifying period of service for award of the Good Conduct
Medal the Soldier must have had all “excellent” conduct and efficiency
ratings and no convictions by a court-martial.

      c.  The Vietnam Service Medal (VSM) is awarded to all members of the
Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment
to or assignment for 1 or more days with an organization participating in,
or directly supporting military operations.  A bronze service star, based
on qualifying service for each campaign listed in Appendix B of this
regulation, is authorized for wear on the VSM.  A single silver service
star denotes five campaigns.

      d.  The Government of Vietnam awarded the Vietnam Campaign Medal to
all members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or service
outside the geographical limits of the Republic of Vietnam that contributed
direct combat support to the Republic of Vietnam and its Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Vietnam Campaign Medal.

      e.  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 US Army Human Resources Command, Alexandria, Virginia
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.

11.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and
Campaign Participation Credit Register) lists the unit awards received by
units serving in Vietnam.  Department of the Army General Orders (DAGO) 8,
dated 1974, announced award of the Vietnam Gallantry Cross with Palm Unit
Citation for Headquarters, United States Military Assistance Command and
its subordinate units during the period 8 February 1962 to 28 March 1973,
and to Headquarters, United States Army Vietnam and its subordinate units
during the period 20 July 1965 to 28 March 1973.  In essence, every Soldier
who served in Vietnam is entitled to award of the Vietnam Gallantry Cross
with Palm Unit Citation.

12.  The applicant's name does not appear on the Vietnam Casualty Listing
as having been wounded.  His temporary DA Form 20 (Enlisted Qualification
Record) shows no entry in Item 40 (Wounds).  There are no orders awarding
him the Purple Heart.  His medical records are not available as a source of
information concerning wounds.

13.  The applicant is not entitled to award of the Good Conduct Medal by
virtue of his poor conduct and his conviction by a special court-martial
for the offense of AWOL.  The record shows that, on 13 July 1973, the
applicant's commander did not recommend him for the Good Conduct Medal.

14.  The applicant's actual dates of assignment to Vietnam cannot be
determined from the available record [the applicant, on his own and at his
expense, could research unit orders and Morning Report entries].  However,
he was awarded the Air Medal by unit orders thereby establishing that he
was present in Vietnam for some period of time.  He is therefore entitled
to award of the Vietnam Service Medal with, at least, 1 bronze service
star.

15.  Because his dates of assignment to Vietnam cannot be established from
the record, it cannot be determined whether he is entitled to award of the
Vietnam Campaign Medal, which requires 6 months of service in Vietnam.

16.  There are no orders in the applicant's records showing he was awarded
the CIB.  The applicant's DA Form 20 in Item 41 (Awards and Decorations)
does not show that he was awarded the CIB.

17.  General Orders Number 817, dated 25 January 1972, published by
Headquarters, 101st Airborne Division (Airmobile) awarded the applicant the
Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  Regrettably, without orders or other evidence, such as morning reports,
the dates of the applicant's service in Vietnam cannot be verified in order
to make a correction to Item 22c of his DD Form 214, even though it is
apparent he was assigned there.  The Board does not do, nor does it have
the staff to do research to support an applicant's claims for a correction
of records.  The applicant will be provided information on how to do
research to obtain additional information and/or to reconstruct his
temporary records under separate cover.  Should he be able to find the
appropriate documentation, he may reapply to the Board for a further
correction of his records.

2.  The available records do not support the applicant's claim for the
award of the Purple Heart.  He is not listed on the Vietnam Casualty
Listing as having been wounded.  His DA Form 20 shows no award of the
Purple Heart or entry showing he was wounded as a result of hostile fire
action.  There are no orders showing he was awarded the Purple Heart.  His
military medical records are not available for review.  Additionally, the
applicant has provided no details as to the date he was wounded, the
circumstances, or other collaborating evidence.

3.  The available records do not support the applicant's claim for the
award of the CIB.  Although the applicant possessed an 11B MOS and was
assigned to an
infantry unit in Vietnam, there is no evidence he engaged in actual combat
with the enemy.  Further, there are no orders available to show he was
awarded the CIB.

4.  Because the record does not show that the applicant served at least 6
months in Vietnam, his entitlement to the Vietnam Campaign Medal cannot be
established.

5.  The applicant is not entitled to the Good Conduct Medal by virtue of
his commander's recommendation against such award, and his conviction by a
special court-martial.

6.  General Orders show the applicant is entitled to award of the Air
Medal.  Therefore, he is entitled to have this award added to his DD Form
214.

7.  The applicant is entitled to award of the Vietnam Service Medal by
virtue of his award of the Air Medal.  He is entitled to award of 1 bronze
service star for wear on his Vietnam Service Medal; however, because his
dates of assignment to Vietnam cannot be affirmatively established, his
entitlement to other bronze service stars cannot be determined.

8.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show ward of the foreign unit
award.

9.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __alr___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show he was awarded the Air Medal, the Vietnam Service Medal
with 1 bronze service star, and the Vietnam Gallantry Cross Unit Citation
with Palm.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009678                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0015                                |
|3.                      |107.0018                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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