RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 July 2005
      DOCKET NUMBER:  AR200470009969


      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. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, that Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his separation document (DD Form 214) be corrected to
include all his authorized and earned awards.

2.  The applicant states, in effect, that the Purple Heart (PH) he earned,
along with the Expert Infantryman Badge (EIB) and Army Commendation Medal
(ARCOM) are not included in the list of awards contained in Item 24 of his
DD Form 214.

3.  The applicant provides copies of the following documents in support of
his application:  PH Orders, ARCOM with Valor (“V”) Device Orders, DD Form
214, Post Traumatic Stress Disorder (PTSD) Questionnaire and Authorization
for Issuance of Awards (DA Form 1577).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 8 October 1970.  The application submitted in this case is
dated
5 November 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 record shows he was inducted into the Army and entered
active duty on 2 October 1968.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B, and the highest rank he attained
while serving on active duty was specialist four (SP4).
4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows the
applicant served in the Republic of Vietnam (RVN) from 20 March through
14 April 1969, and that he was assigned to Company B, 5th Battalion,
7th Cavalry Regiment, performing duties in MOS 11B as a rifleman.

5.  Item 40 (Wounds) contains an entry showing he received a gunshot wound
to the hip on 9 April 1969.  Item 41 (Awards and Decorations) shows he
earned the National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM) and Army Good Conduct Medal (AGCM).  The record of assignments
portion of the DA Form 20 shows he entered a patient status on 14 April
1969 and was medically evacuated to the United States Army Hospital, Hunter
Army Airfield, Georgia on 4 May 1969.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of 1st Cavalry Division General Orders (GO) Number (#) 4911, dated 21
April 1969. These orders awarded the applicant the PH, for wounds received
in connection with military operations against hostile force in the RVN on
9 April 1969.  The MPRJ also contains a copy of 1st Cavalry Division GO #
10513, dated 28 August 1969.  These orders awarded him the ARCOM with “V”
Device, for heroism in connection with military operations against a
hostile force in the RVN on 9 April 1969.

7.  On 8 October 1970, the applicant was honorably separated after
completing
1 year, 11 months and 21 days of creditable active military service.  The
DD Form 214 he was issued shows he earned the AGCM, NDSM, VSM and
Sharpshooter Qualification Badge with Rifle Bar during his active duty
tenure.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-8 contains 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.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM.  It states, in pertinent part, that a bronze service star is
authorized with the VSM for each RVN campaign a member is credited with
participating in.
10.  Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the TET 69 Counteroffensive campaign.

11.  Chapter 8 contains guidance on award of Combat Skill Badges.
Paragraph
8-6 contains guidance on award of the CIB.  It states that there are
basically three requirements for award of the CIB.  The Soldier must hold
an infantry MOS, must be assigned to an infantry unit during such time as
the unit is engaged in active ground combat, and must actively participate
in such ground combat.  In 1962 Department of the Army advised the senior
Army commander in the Southeast Asia theater of operations that the CIB was
authorized to otherwise qualified personnel "provided they are personally
present and under fire."  The intended requirement was to be "personally
present and under fire".

12.  Paragraph 8-8 contains the policy for award of the EIB.  It states, in
pertinent part, that it is awarded to active Army members possessing an
infantry MOS who meet all prerequisites and proficiency tests prescribed by
U.S. Army Infantry Center.

13.  Paragraph 9-19 of the awards regulation provides guidance on the RVN
Campaign Medal.  It states, in pertinent part, that it was authorized for 6
months of service in the RVN performed between 1 March 1961 and 28 March
1973.  It further stipulates, in pertinent part, that this award is
authorized to members who served in the RVN less than 6 months if they were
wounded by hostile forces.  It further indicates this award is worn with a
1960 Device.

14.  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 his tenure of
assignment, the applicant’s unit (5th Battalion, 7th Cavalry Regiment)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH he earned, along with other
earned and authorized awards, were erroneously omitted from his separation
document was carefully considered and found to have merit.

2.  The applicant’s record contains orders awarding him the PH and ARCOM
with “V” Device.  Further, the record verifies that based on his RVN
service and campaign participation, he is entitled to the RVN Campaign
Medal with 1960 Device, RVN Gallantry Cross with Palm Unit Citation, RVN
Civil Actions Honor Medal First Class Unit Citation and 1 bronze service
star with his VSM.  Therefore, it would be appropriate and serve the
interest of justice to add these awards to his separation document at this
time.

3.  By regulation, in order to qualify for the CIB, a member must hold an
infantry MOS, be assigned to a qualifying infantry unit and be personally
present and participate with the unit while it is engaged in active ground
combat.

4.  During the Vietnam era, the CIB was authorized to otherwise qualified
personnel "provided they were personally present and under fire."  The PH
and ARCOM with “V” Device orders on file confirm the applicant was
personally present and under fire with his qualifying infantry unit while
it engaged in active ground combat with enemy forces.  Therefore, it would
also be appropriate to award him the CIB, and to add this award to his
record and separation document at this time.

5.  The evidence of record contains no entries or documents indicating the
applicant ever met all the EIB prerequisites and/or passed the proficiency
tests prescribed by U.S. Army Infantry Center.  As a result, there is an
insufficient evidentiary basis to support award of the EIB in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___JI   __  ___RJO__  ___BKK   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 amending Item 24 of his
8 October 1970 DD Form 214 by adding the Purple Heart, Army Commendation
Medal with “V” Device, Combat Infantryman Badge, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and 1 bronze service star with his
Vietnam Service Medal; and by providing him a corrected separation document
that includes these changes.

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 Expert Infantryman Badge.




            ___ John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009969                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/10/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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