RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 November 2004
      DOCKET NUMBER:  AR2004102680


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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 record be corrected to show
award of the Purple Heart (PH) and the Combat Infantryman's Badge (CIB).

2.  The applicant states, in effect, that he served in Vietnam as an
infantryman in military occupational specialty (MOS) 11B with Company B,
3rd Battalion, 8th Infantry, 4th Infantry Division from 19 September 1968
to 20 January 1969.  He was wounded at the Cameron Bay Air Strip in
February or March 1969.  He was hospitalized at the Cameron Bay Hospital
and received 54 stitches for shrapnel wounds to the right leg.  He was
never awarded the PH or the CIB that he believes he is authorized.

3.  The applicant provides in support of his request:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge), issued on 10 April 1970.


      b.  Special Orders Number 276, from Headquarters 4th Infantry
Division, San Francisco, dated 2 October 1968.


      c.  Special Orders Number 12, from Headquarters 4th Infantry Division,
dated 12 January 1969, both orders are permanent change of station orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
10 April 1970.  The application submitted in this case is dated 14 January
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 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 for
2 years on 11 April 1968.  He completed basic combat training and advanced
individual training and he was awarded military occupational specialty
(MOS) 11B, Rifleman.


4.  On 22 September 1968, the applicant was assigned to Vietnam.  On
2 October 1968, he was further assigned to Company B, 3rd Battalion, 8th
Infantry, 4th Infantry Division, Vietnam with duties in MOS 11B.

5.  On 20 January 1969, the applicant was assigned to the United States
(US) Army Support Command, Cam Ranh Bay, Vietnam in MOS 95B (Military
Police) to perform duties as a security guard.

6.  On 11 April 1969, Headquarters U.S. Army Support Command issued Special
Orders Number 101, dated 11 April 1969, which shows that MOS 11B was
withdrawn as the applicant’s primary MOS.  He was awarded MOS 95B as the
primary MOS and MOS 11B as the secondary MOS.  The applicant served with
the U.S. Army Support Command until he left Vietnam on 15 September 1969
and was assigned to Fort McArthur, California.

7.  The applicant served in Vietnam during Vietnam Counteroffensive Phase
V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive and the
Vietnam Summer-Fall 1969 campaigns.

8.  On 10 April 1970, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) on his DD Form 214 shows he was awarded the National Defense
Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal with
60 Device and the Sharpshooter Marksmanship Qualification Badge (Rilfe).
The PH and the CIB are not shown as authorized awards.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record), Item 38
(Conduct/Efficiency) shows that both the applicant's conduct and efficiency
were rated excellent from the time that he entered into basic training
until he was separated from active duty.  Item 40 (Wounds) contains no
annotations or descriptions of any wounds the applicant received as a
result of hostile action.

10.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

11.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part, that:

      a.  The Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

      b.  The CIB is awarded to infantry officers and to enlisted and
warrant officer persons 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 has advised, in similar cases, that during the era in
which the applicant served the CIB was awarded only to enlisted individuals
who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

      c.  Army Regulation 670-1, in effect at the time, governs the
requirements for the Oversea Service Bar (OSB).  In pertinent part, it
provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States.  There are special provisions regarding
authorization for the OSB for service in a hostile fire zone and for
combining service to calculate award of the bars.  For Vietnam service, one
OSB is authorized for each period of 6 months active Federal service as a
member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.
Both the month of arrival and the month of departure from Vietnam are
counted as a whole months for credit toward the OSB.  The applicant is
authorized two OSB's for his period of service from 23 September 1968 to
15 September 1969.

      d.  A Bronze Service Star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized Bronze Service Stars will be worn on the appropriate service
medal.  The applicant is authorized four Bronze Service Stars to be worn on
the VSM.

12.  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 show the unit to which the applicant was
assigned was cited for award of the Vietnam Gallantry Cross Unit Citation
with Palm for the period from October 1966 to 28 July 1969 by Department of
the Army General Orders Number 3, dated 1970.  It also shows that the unit
was awarded the Republic of Vietnam Civil Action Honor Medal, First Class
for the period
1 October 1966 to 31 October 1969 by Department of the Army General Orders
Number 53, dated 1970.



DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, the applicant would have to show that
he was wounded and that:  (1) he was serving in some capacity with one of
the U.S. Armed Services (2) the wound was the result of hostile action; (2)
the wound required medical treatment; and (3) the medical treatment was
made a matter of official record.  There is nothing in the applicant's
record to support his contention that he was wounded, nor does his name
appear on the official Vietnam Casualty List.

2.  The available evidence clearly shows that while assigned to Vietnam,
the applicant held an infantry MOS and that he satisfactorily performed
infantry duties while assigned to an infantry unit.  The evidence does not
show that he actively participated in ground combat; however, given his
assignment and MOS it is reasonable to presume that he fulfilled this
requirement.  Therefore, it would be appropriate to correct his record to
show award of the CIB.

3.  It would also be appropriate to correct the applicant's record to show
award of four Bronze Service Stars for wear on the VSM, two OSB's, Vietnam
Gallantry Cross Unit Citation with Palm for the period from October 1966 to
28 July 1969 and the Vietnam Civil Action Honor Medal, First Class for the
period 1 October 1966 to 31 October 1969.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __ecp___  __rr____  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 showing the applicant
was awarded the CIB, four Bronze Service Stars for wear on the VSM, two
OSB's, Vietnam Gallantry Cross Unit Citation with Palm and the Vietnam
Civil Action Honor Medal, First Class.


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 PH.


                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102680                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

The applicant states, in effect, that he served in military occupational
specialty (MOS) 11B, Infantry.  He served with Company B, 3rd Battalion,
8th Infantry, 4th Infantry Division and he was never awarded the PH or the
CIB that he believes he is authorized.  He was wound at the Cameron Bay Air
Strip I February or March 1969 and hospitalized in the Cameron Bay Hospital
where he received 54 stitches for shrapnel wounds to the right leg.
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