RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          24 August 2004
      DOCKET NUMBER:  AR2004100328


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected to show
that he was awarded the Purple Heart, with one oak leaf cluster; the Bronze
Star Medal, with one oak leaf cluster; the Silver Star; the Air Medal; and
the Combat Infantryman Badge.

2.  The applicant states, in effect, that:

      a.  he was sent to the 11th Armored Cavalry Regiment and his duties
were to participate in search and destroy missions, but most were night
ambushes.

      b.  while he was with the 11th Armored Cavalry Regiment, he was
awarded the Combat Infantryman Badge, the Bronze Star Medal and the Purple
Heart for a wound he received to the head on 9 October 1967.

      c.  he was transferred to Company B, 1st Battalion, 8th Cavalry at An
Khe.  While with this unit, he received the Air Medal for 42 combat
assaults, a Purple Heart, with one oak leaf cluster, for a wound he
sustained from an RPG (rocket propelled grenade), and the Bronze Star
Medal, with one oak leaf cluster.

      d.  during combat, he became separated from his unit and was reported
missing in action.  He caught a convoy heading north and ended up with the
2nd Battalion, 7th Cavalry.  The applicant adds that three days before
leaving Vietnam, he was awarded the Silver Star.

3.  The applicant submitted a self-authored account of his activities in
Vietnam and a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 9 November 1970.  The application submitted in this case is
dated 29 October 2003.

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 applicant’s military records show that he enlisted in the Regular
Army on 26 July 1966.  He completed basic combat training at Fort Jackson,
South Carolina, and his advanced individual training at Fort Leonard Wood,
Missouri.  After completing all required training, he was awarded the
military occupational specialty (MOS), 62F (Crane Operator).

4.  The applicant was honorably discharged on 9 November 1967 for the
purpose of immediately reenlisting.  The applicant reenlisted in the
Regular Army, for 3 years, on 10 November 1967.

5.  The applicant served in Vietnam from 17 August 1967 through 15 August
1968 with Headquarters and Headquarters Company, 27th Engineer Battalion
(Combat), 34th Engineer Group, 2nd Brigade, 1st Cavalry Division, and with
Headquarters and Maintenance Support Company, 27th Maintenance Battalion.

6.  The applicant was honorably released from active duty, on 9 November
1970, under the provisions of Army Regulation (AR) 635-200, and was given
an SPN (Separation Program Number) 201, Expiration Term of Service.  He was
separated in the rank and pay grade of Private First Class, E-3.  On
the date he was released from active duty, he had completed 4 years, 3
months, and 4 days active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded the following awards:  the Purple Heart, the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal, and the Expert Marksmanship Qualification Badge, with Rifle
Bar [M-14 Rifle].  The Purple Heart, with one oak leaf cluster; the Bronze
Star Medal, with one oak leaf cluster; the Silver Star; the Air Medal; and
the Combat Infantryman Badge are not shown on the applicant's DD Form 214.

8.  There is only one entry in Item 40 (Wounds) of the applicant's DA Form
20, Enlisted Qualification Record, to show that he received a wound in
action against a hostile force.  There is only one entry in Item 41 (Awards
and Decorations), of the DA Form 20, showing that the applicant was awarded
the Purple Heart.  Award of only one Purple Heart is shown on the
applicant's DD Form 214.

9.  Notwithstanding the fact that the Purple Heart is shown on the
applicant's DD Form 214 and documented in the applicant's DA Form 20, the
applicant's name does not appear on the Vietnam Casualty List.

10.  There are no entries in Item 41, of the DA Form 20, showing that the
applicant was awarded the Silver Star; the Air Medal; the Bronze Star
Medal, with one oak leaf cluster; the Purple Heart with one oak leaf
cluster; and the Combat Infantryman Badge.  These awards are not shown on
the applicant's DD Form 214.

11.  There are no orders in the applicant's records showing that he was
awarded the Silver Star; the Air Medal; the Bronze Star Medal, with one oak
leaf cluster; and the Purple Heart, with one oak leaf cluster.

12.  There are no orders in the applicant's service personnel records
assigning him to either crewmember or non-crewmember flight status while he
was in Vietnam.

13.  There are no entries in Item 38 (Record of Assignments), of the DA
Form 20, to show that the applicant was ever assigned or attached to the
11th Armored Cavalry Regiment; to Company B, 1st Battalion, 8th Cavalry; or
the 2nd Battalion, 7th Cavalry; while he served in Vietnam.

14.  When the applicant completed his tour of duty in Vietnam, he was
reassigned to the USARV (United States Army, Vietnam) Returnee Detachment
from Headquarters and Maintenance Support Company, 27th Maintenance
Battalion, and not from the 2nd Battalion, 7th Cavalry, as the applicant
has alleged.

15.  On his departure from Headquarters and Maintenance Support Company,
27th Maintenance Battalion, the applicant was given an Enlisted Efficiency
Report, DA Form 2166, to document his performance of duty.  Item 13.a.
shows that the rater supervised the applicant for 2 1/2 months and was
supervised by the indorser for 7 months.  The applicant was supervised in
performing the duties of a Crane Operator, MOS 62F.

16.  There are no orders in the applicant's service personnel records to
show that he was reclassified and held an infantry MOS while he served in
Vietnam.  There are orders showing that he was reclassified on his return
and assignment at Fort Rucker, Alabama.

17.  A search of an award orders consolidations on file at the Awards
Section, Human Resources Command, was made for orders awarding the
applicant the Silver Star; the Air Medal; the Bronze Star Medal, with one
oak leaf cluster; and the Purple Heart, with one oak leaf cluster.  No
orders were found in this search for any of the awards.

18.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War: the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30
June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968.

19.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the four bronze service stars to which the
applicant is entitled for his campaign participation.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

21.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the units the
applicant was assigned to were awarded the following awards as follows:

      a.  Headquarters and Headquarters Company, 27th Engineer Battalion
(Combat), 34th Engineer Group was awarded the Meritorious Unit Commendation
for the period 1 April 1967 through 31 March 1968, by Department of the
Army General Order (DAGO) Number 38, dated 1970 and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, for the period 9
August 1967 through 18 April 1968, by DAGO 43, dated 1970;

      b.  2nd Brigade, 1st Cavalry Division, was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August
1965 through 19 May 1969, by DAGO 59, dated 1969; and
c.  Headquarters and Maintenance Support Company, 27th Maintenance
Battalion was awarded the Meritorious Unit Commendation for the period 1
June 1967 through 31 May 1968, by DAGO Number 28, dated 1969 and for the
period 1 June 1968 through 30 November 1969, by DAGO 2, dated 1971, and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 9 August 1965 through 19 May 1969, by DAGO 59, dated 1969.

22.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge 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 Total Army Personnel
Command [now the Human Resources Command] has advised, in similar cases,
that during the Vietnam era the Combat Infantryman Badge was awarded only
to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or
11H.

23.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show that the applicant was awarded the
Silver Star; the Air Medal; the Bronze Star Medal, with one oak leaf
cluster; and the Purple Heart, with one oak leaf cluster, while he served
in Vietnam.

2.  A search of an awards orders consolidations on file at the Awards
Branch, Human Resources Command, failed to produce orders awarding the
applicant the Silver Star; the Air Medal; the Bronze Star Medal, with one
oak leaf cluster; and the Purple Heart, with one oak leaf cluster, while he
served in Vietnam.

3.  The evidence shows that the applicant held the MOS 62F throughout the
period of his assignment in Vietnam.  There is no evidence that the
applicant held an infantry MOS and that he served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size while he was in Vietnam and therefore, he would have been
ineligible for award of the Combat Infantryman Badge, and to have it added
to his DD Form 214.

4.  The applicant served in four campaigns while he served in Vietnam from
12 July 1968 through 7 July 1969.  He is therefore entitled to award of
four bronze service stars to be affixed to his already-awarded Vietnam
Service Medal and to have them shown on his separation document as the
Vietnam Service Medal, with four bronze service stars.

5.  The applicant served in units that collectively were awarded three
Meritorious Unit Commendations, the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation.  These unit awards are not shown on his DD
Form 214.  He is therefore entitled to have these unit awards added to his
DD Form 214 at this time.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 November 1973.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

7.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __mhm___  __phm___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  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 in Item 24, of the applicant's DD Form 214, that he was
awarded the Vietnam Service Medal, with four bronze service stars; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the
Meritorious Unit Commendation, with two oak leaf clusters.




                                  Margaret K. Patterson
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100328                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  53                  |107.0007                                |
|3.  60                  |107.0014                                |
|4.  61                  |107.0015                                |
|5.  64                  |107.0018                                |
|6.  157                 |107.0111                                |



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