RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011559


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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, Combat Infantryman
Badge (CIB) and Presidential Unit Citation.

2.  The applicant states, in effect, that he should be awarded the Purple
Heart for shrapnel wounds he received in Vietnam in 1965.  He states that
he was in constant combat as a door gunner and that he should also be
awarded the CIB.  The applicant also states that his entire unit received
the Presidential Unit Citation.  The applicant further states that he has
"no records to support this and evidence will have to be derived from
official Army Records."

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an effective date of 12 June 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 June 1966.  The application submitted in this case is dated
22 December 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 entered active duty on 30 July 1963.  He served with
Headquarters and Service Battery 1st Battalion, 77th Artillery of the 1st
Cavalry Division and Battery C 2nd Battalion, 20th Artillery of the 1st
Cavalry Division in Vietnam.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) or list the Purple Heart in item 41
(Awards and Decorations).

5.  Item 22 (Military Occupational Specialty) (MOS) of the DA Form 20 shows
13A10 (Field Artillery). Item 25a of the applicant's DD Form 214 shows
"13A10 FA Basic" (Field Artillery Basic).
6.   There are no General Orders in the applicant's Official Military
Personnel File (OMPF) which show that the he was awarded the Purple Heart.
There is also no evidence in the available records that shows he was
wounded or treated for wounds as a result of a hostile action.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  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 the unit, to which the applicant
was assigned , the 1st Battalion, 77th Artillery of the 1st Cavalry
Division was cited for award of the Presidential Unit Citation for the
period 23 October 1965 through 26 November 1965 by Department of the Army
General Order Number 40, dated 1967.

9.  Department of the Army Pamphlet 672-3 also shows the unit, to which the
applicant was assigned, the 1st Battalion, 77th Artillery of the 1st
Cavalry Division was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 9 august 1965 through 19 May
969 by Department of the Army General Order Number 59, dated 1969.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 (Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.
 That paragraph states that there are basically three requirements for
award of the CIB. The Soldier must be an infantryman satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.  Specific requirements state,
in effect, that an Army enlisted Soldier must have an infantry specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry unit of brigade, regimental, or smaller size during any period
such unit was engaged in active ground combat.  A recipient must be
personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.



DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  In the absence of evidence that shows the applicant was wounded as a
result of hostile action and that he was treated for these wounds there is
no basis to award the Purple Heart.

3.  Requirements for the award of the CIB include holding an infantry MOS
and being assigned to an infantry unit.  In the absence of evidence to show
the applicant met these requirements there is no basis to award the CIB.

4.  The applicant is entitled to award of the Presidential Unit Citation
based on Department of the Army General Orders.  Therefore, he is entitled
to correction of his DD Form 214 to show this foreign unit award.

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders.  Therefore, he is entitled to correction of his DD Form 214 to show
this foreign unit award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 June1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 June1969.  The applicant did not file within the 3-year
statute of limitations, however, it would be in the interest of justice to
excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __reb___  __lmb___  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 award of the
Presidential Unit Citation and 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
award of the Purple Heart and Combat Infantryman Badge.



                                  Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011559                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0112                                |
|3.                      |107.0031                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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