RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 September 2005
      DOCKET NUMBER:  AR20040011567


      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. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, reconsideration of his request that
the following items on his separation document (DD Form 214) be corrected:
Item
22 (Statement of Service), Item 23a (Specialty Number and Title), Item 23b
(Related Civilian Occupation and Title), Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) and Item 30 (Remarks); and that he be awarded the Purple Heart
(PH).

2.  The applicant states, in effect, that he would like his records
corrected to reflect a true and accurate account of his service in the
Republic of Vietnam (RVN).  He claims he served in the RVN for 1 year and
17 days (1 February 1967 to 15 February 1968) with the following six
different units:  Headquarters,
1st Infantry Division; Company A, 2nd Battalion, 28th Infantry (attached to
the 28th Infantry); Top Secret Special Unit; 1st Battalion, 16th Infantry;
2nd Battalion, 16th Infantry; and 1st Battalion, 28th Infantry.  The
applicant also claims Item 23a should read “11H20 (Direct Fire Crewman)”
and Item 23b should contain the entry “None”, indicating he served in the
military occupational specialty (MOS) 11H20 (Infantry Direct Fire Crewman)
and that there was no related civilian occupation for this MOS.  He also
claims the list of awards in Item 24 of his separation document should
include the PH, along with four certificates, the Army Commendation Medals
(ARCOMs) and a Cold War Medal.  He also states he should be allowed to keep
his bayonet expert qualification and the Combat Infantryman Badge based on
his front line service in the RVN.  Finally, he claims the 17 day excess
leave entry in Item 30 of his DD Form 214 should be deleted.

3.  The applicant provides a self-authored letter and third-party statement
as new evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003091380, on 29 January 2004.

2.  In its original decision, the Board found the applicant’s dates of
service in the RVN were 4 February 1967 through 6 February 1968, and that
his DD Form 214 accurately credited him with 1 year and 2 days of service
in the RVN.  It further found he was reclassified out of MOS 11H on 23
March 1967, and that the MOS he held on the date of his separation (71H20)
was properly entered in Item 23a of his DD Form 214.  The Board further
found there was insufficient evidence to support changing the 17 day excess
leave entry in Item 30 of his DD Form 214.   The Board also found no
evidence to support the applicant’s claim of entitlement to the PH, or that
he served in a qualifying infantry unit that would have entitled him to the
CIB.  The Board also found two ARCOM certificates provided by the applicant
that were for the same period of service and were in fact duplicates.  As a
result there was insufficient evidence to show he was entitled to an
additional ARCOM.

3.  During its original deliberations, the Board did confirm the
applicant’s entitlement to the following awards based on his RVN service
and campaign participation:  Vietnam Service Medal with 2 bronze service
stars; RVN Gallantry Cross with Palm Unit Citation; Meritorious Unit
Commendation with one Oak Leaf Cluster; Expert Qualification Badge with
Pistol and Recoilless Rifle Bar; and it added the Infantry Direct Fire
Crewman Course completion by the applicant to Item 25 of his DD Form 214.

4.  The applicant provides an additional third-party statement in support
of his reconsideration request.  This statement is from an individual who
indicates he served with the 1st Battalion, 28th Infantry Regiment, 1st
Infantry Division in the RVN from October 1967 through August 1968.  He
claims he knew the applicant during the period 4 January 1968 through 14
February 1968, when both were members of D Company, 1st Battalion, 28th
Infantry Regiment and saw action together during the TET offensive in 1968.
 He states that during this period, the applicant was part of air and
ground assaults and patrols involving combat with units that were later
identified as elements of the 271st and 272nd Viet Cong Regiments.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN for 1 year and 2 days, from 4 February 1967 through 5
February 1968.  Item 22 (Military Occupational Specialties) shows he was
reclassified into MOS 70A (Clerk) on 23 March 1967 and MOS 71H (Personnel
Specialist) on
7 June 1967.

6.   Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
was assigned to the 1st Administration Company, 1st Infantry Division,
performing duties in MOS 71H for the entire period he served in the RVN.
Item 40 (Wounds) is blank, and Item 41 (Awards and Decorations) does not
include the PH in the list of earned awards.  Item 48 (Date of Audit)
contains the entry
“26 Mar 68”, indicating the applicant last reviewed and audited the DA Form
20 on 26 March 1968.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
orders promoting the applicant to specialist four (SP4) on 7 June 1967,
awarding him the ARCOM on 17 October 1967, awarding him the Air Medal on 24
January 1968 and awarding him the Bronze Star Medal on 18 January 1968.
All these orders confirm he was assigned to the 1st Administration Company,
1st Infantry Division, RVN.  The MPRJ also contains the orders reassigning
the applicant to the United States Army Vietnam (USARV) replacement
detachment for movement to the United States, dated 8 January 1968.  These
orders also show he was assigned to the 1st Administration Company, 1st
Infantry Division.

8.  On 10 June 1968, the applicant was honorably separated after completing

1 year, 9 months and 16 days of active military service.  The DD Form 214
he was issued upon his separation confirms he held the MOS 71H and that he
accrued 17 days of excess leave at the time of his separation.  The
separation document, as amended, shows he earned the following awards
during his active duty tenure:  Bronze Star Medal, Air Medal, ARCOM,
National Defense Service Medal, Vietnam Service Medal with 3 bronze service
stars, RVN Campaign Medal, Army Good Conduct Medal, RVN Gallantry Cross
with Palm Unit Citation; Meritorious Unit Commendation with one Oak Leaf
Cluster; Sharpshooter Qualification Badge with Rifle Bar and Expert
Qualification Badge with Pistol and Recoilless Rifle Bars.  The applicant
authenticated the original DD Form 214 with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

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.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation stipulates a DD Form 214 is a summary of a Soldier's
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active duty service at the time of release from active duty,
retirement, or discharge.  The source documents used for preparation of the
DD Form 214 at the time of the applicant’s separation included the DA Form
20, separation orders and any applicable orders or documents on file in the
MPRJ, or Official Military Personnel File (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The new evidence submitted by the applicant was carefully considered.
However, the evidence of record confirms the information contained on the
applicant’s DD Form 214 was transcribed from the source record (DA Form 20)
and MPRJ documents accurately.

2.  The applicant’s DA Form 20 and orders on file in his MPRJ, confirm he
was reclassified into an administration MOS in March 1967, and that he
served in a personnel MOS in the 1st Administration Company, 1st Infantry
Division during his entire tour in the RVN.  Further, the DA Form 20 does
not include an entry in Item 40 indicating he was ever wounded in action,
and the PH is not included in the list of awards contained in Item 41.  The
applicant last audited the DA Form 20 on 26 March 1968, subsequent to
completing his RVN tour.  In effect, this was his verification that the
information contained on the DA Form 20, to include the MOS, wounds and
award entries, were correct at that time.

3.  The applicant’s DD Form 214 lists 71H as his MOS in Item 23a.  It also
confirms he served in the RVN for 1 year and 2 days in Item 22, and that he
accrued 17 days of excess leave in Item 30.  Further, the PH is not
included in the list of authorized awards in Item 24.  The applicant
authenticated the
DD Form 214 with his signature on the date of his separation on 10 June
1968.  In effect, this was his verification that the information contained
on the separation document, to include the Items 23a, 23b, 24 and 30
entries were correct at the time the document was prepared and issued.

4.  The veracity of the  bapplicant’s claims and the supporting statements
he submitted is not in question.  However, absent any evidence of record to
corroborate the applicant’s claims, there is an insufficient evidentiary
basis to support amendment of the Board’s original findings and
recommendations.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___REB _  __LF____  ___LMD_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR2003091380, on 29 January 2004.




            ____Ronald E. Blakely____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011567                           |
|SUFFIX                  |                                        |
|RECON                   |YES/ AR2003091380 / 2004/01/29          |
|DATE BOARDED            |2005/09/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/06/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Release - School                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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