RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 August 2005
      DOCKET NUMBER:  AR20040010518


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 he has proof that he was awarded
the PH and that his service records should reflect all awards.

3.  The applicant provides the following documents in support of his
application:   Separation Document (DD Form 214), National Personnel
Records Center (NPRC) Letter, United States Army General Leonard Wood Army
Hospital (USAGLWAH) General Orders (GO) Number (#) 15 and Clinical Record
Cover Sheet (DA Form 8-275-3).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 4 September 1970.  The application submitted in this case
is dated 16 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 that he enlisted in the Regular Army and
entered active duty on 30 August 1967.  He was trained in and awarded
military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 26 February 1968 through 10
June 1968. He was assigned to the 101st Administration Company from
26 February 1968 to 17 March 1968 and to Co C, 1st Battalion (Bn), 502nd
Infantry (Inf) Regiment (Rgmt) from 18 March 1968 to 10 June 1968.

5.  Item 38 (Record of Assignments) of the DA Form 20 further shows that
the applicant was assigned to the medical holding detachment as a patient
at the time he departed the Republic of Vietnam (RVN) on 10 June 1968, and
that he remained in a patient status through two additional assignments
until 29 May 1969.  Item 40 (Wounds) contains an entry that indicates he
received a fragmentation wound to the left knee on 3 April 1968, while
serving in the RVN.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of HQ's, USAGLWAH GO# 15, dated 12 February 1970.  These orders
awarded the applicant the PH for wounds he received in connection with
military operations against a hostile force in the RVN on 24 April 1969.

7.  On 4 September 1970, the applicant was honorably released from active
duty after completing a total of 3 years active military service, and
having accrued 5 days of time lost.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
DD Form 214 he was issued upon his separation shows he earned the following
awards during his active duty tenure:  National Defense Service Medal,
Vietnam Service Medal, RVN Campaign Medal with 60 Device and Marksman
Qualification Badge with Rifle Bar.

8.  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.

9.  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.

10.  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 with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table B-1
contains a list of RVN campaigns.  It shows that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
TET Counteroffensive and Vietnam Counteroffensive Phase IV campaigns.

11.  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.


12.  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 in the RVN, the applicant’s unit (Co C, 1st Bn, 502nd Inf Rgmt)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and CIB were carefully
considered and found to have merit.  By regulation, in order to support
award of the PH, there must be evidence showing a member was wounded in
action that he was treated for this wound by military medical personnel and
a record of the medical treatment must have been made a matter of official
record.

2.  In this case, the evidence of record includes a DA Form 20 entry that
confirms the applicant was wounded in action while serving in the RVN.  The
MPRJ also contains general orders awarding him the PH for being wounded in
action in the RVN and his name is listed on the DA Vietnam Casualty Roster,
the official list of RVN battle casualties.  As a result, the regulatory
burden of proof necessary to support correcting the applicant's records to
show his award of the PH has been satisfied in this case.  Therefore, it
would be appropriate to add this award to his separation document at this
time.

3.  The evidence of record also confirms that while serving in the RVN, the
applicant held an infantry MOS, served in a qualifying infantry unit and
participated with this qualifying unit while it was engaged in combat
action, as evidenced by his earning the PH.  Therefore, he meets the
regulatory criteria necessary for award of the CIB, and it would also be
appropriate to add this award to his record at this time.

4.  The record also confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation and 2 bronze service stars with his Vietnam Service Medal.
Thus, it would also be appropriate to add these awards to his record at
this time.

BOARD VOTE:

___WDP_  ___RLD_  ___JRM_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___       _  ___          _  _         __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Combat Infantryman
Badge; and by amending Item 24 of his 4 September 1970 DD Form 214 by
adding the Purple Heart, Combat Infantryman Badge, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal with First Class Unit Citation and 2 bronze service stars to
his Vietnam Service Medal; and by providing him a corrected separation
document that includes these awards.




            ____William D. Powers __
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010518                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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