RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             NOVEMBER 9, 2004
      DOCKET NUMBER:     AR2004103741


      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:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 he be awarded the Combat
Infantryman Badge; the Vietnam Service Medal, with two bronze service
stars; the National Defense Service Medal; the Valorous Unit Award; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the
Republic of Vietnam Campaign Medal.  In addition, the applicant requests
that he be provided copies of orders that awarded him the Purple Heart and
a replacement certificate for the Purple Heart and a new DD Form 214, Armed
Forces of the United States, Report of Transfer or Discharge.

2.  The applicant submits his request soliciting the above actions in an
eight page legal brief-like addendum to his DD Form 149, Application to the
Board for Correction of Military Record.

3.  The applicant submitted a number of documents, listed as exhibits 1
through 11, contained within his legal brief-like addendum to the DD Form
149.  Included amongst these exhibits is a copy of his DD Form 214 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors that occurred
on 15 February 1966.  The application submitted in this case is dated
29 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 was inducted into the
Army of the United States, at Boston Army Base, Boston, Massachusetts, on
20 February 1964.  He received his basic combat training at Fort Jackson,
South Carolina.  The applicant was released from active duty with temporary
records and
therefore, where he received his advanced individual training, as well as
other details of his Army service, is unknown.  The applicant's DA Form 20,
Enlisted Qualification Record, Item 22 (Military Occupational Specialties)
shows that upon completion of all required military training, he was
awarded military occupational specialty (MOS) 76K, General Supply
Specialist.

4.  The applicant was assigned to Company A, 2nd Battalion, 2nd Infantry,
Fort Devens, Massachusetts.  The applicant was assigned to Vietnam as part
of a unit permanent change of station.  He arrived there with his unit on
25 September 1965.

5.  The applicant sustained a fragmentation wound to the left arm and a
contusion on the back on 12 November 1965.  The applicant was medically
evacuated to the U.S. Army Medical Center, Ryukyu Islands, to receive
medical treatment.  On 16 December 1965, he was returned to Vietnam and to
his unit.  The standard name line in his orders, Special Orders 195,
paragraph 2, published by the U.S. Army Medical Center, Ryukyu Islands, on
19 December 1965, show that he was classified in the MOS 76K.

6.  On 11 February 1966, orders were published by Headquarters, 1st
Infantry Division, to return the applicant to the United States for release
from active duty.  These orders show, in the standard name line, that the
applicant was classified in the career management field, 76, supply.

7.  The applicant was honorably released from active duty, on 15 February
1966, in the rank and pay grade of Private First Class, E-3, under the
provisions of Army Regulation (AR) 635-205, paragraph 7, and was awarded a
SPN (Separation Program Number) 411, Early Separation of Overseas
Returnees.  On his release from active duty, the applicant had 1 year,
11 months, and 25 days active military service.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following:  the Purple Heart and the Vietnam
Service Medal.  The Combat Infantryman Badge; the National Defense Service
Medal; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit
Citation; and the Republic of Vietnam Campaign Medal; are not shown as
authorized awards.

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

10.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Defense Campaign, which extended from 8 March
through 24 December 1965; and the Vietnam Counteroffensive, which extended
from 25 December 1965 through 30 June 1966.

11.  AR 600-8-22, in pertinent part, provides for 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.

12.  Item 41 (Awards and Decorations), of the applicant's DA Form 20 shows
that he was awarded the Purple Heart by General Orders 1593 published by
Headquarters, 1st Infantry Division.  A copy of these orders is not
available in the applicant's service personnel records; however,
acknowledgment of award of this decoration was made in Item 26 of the
applicant's DD Form 214.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant served with in Vietnam, the 2nd Battalion, 2nd Infantry, was
awarded the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period October 1965 through 7 April 1970 by
Department of the Army General Orders Number (DAGO) 53, dated 1970, and the
Valorous Unit Award for action on 5 December 1965, by DAGO 40, dated 1966.
Company A, 2nd Battalion, 2nd Infantry, was awarded the Valorous Unit
Award, separately, for action on 12 November 1965 by DAGO 20, dated 1967.

14.  The applicant's unit, the 2nd Battalion, 2nd Infantry, a subordinate
unit of the U.S. Army, Vietnam, (USARV) was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965
through 28 March 1973, awarded by DAGO 8, dated 1974.
15.  AR 600-8-22 provides, in pertinent part, that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August
1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a
date to be determined.

16.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal to all
members of the Armed Forces of the United States for qualifying service in
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in Vietnam for 6 months or more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and who were
medically evacuated before completing six months of service due to wounds
resulting from hostile action were entitled to award of the Vietnam
Campaign Medal.

17.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers, to warrant officers and to enlisted
personnel who held 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 U.S. Army Human
Resources Command (formerly known as the Total Army Personnel 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.

18.  The applicant's service personnel records were apparently lost or
destroyed while he served in Vietnam.  Only a limited number of documents
that account for his Army service are available in these temporary records
that were created in accordance with regulations in effect at the time.

19.  AR 635-5, the regulation that provides guidance on the preparation and
distribution of separation documents, in effect at the time of the
applicant's release from active duty, provided in pertinent part, that the
Adjutant General will issue a replacement form or certificate upon
satisfactory proof of its loss.

20.  AR 635-5, paragraph 2-7, currently in effect, provides that once a
DD Form 214 has been issued, it will not be reissued except:  when directed
by proper appellate authority, Executive Order, or by the Secretary of the
Army;
when it is determined that the original DD Form 214 cannot be properly
corrected by issuance of a DD Form 215 [Correction to DD Form 214] or if
the correction would require issuance of more than two DD Forms 215; and
when two DD Forms 215 have been issued and an additional correction is
required.

DISCUSSION AND CONCLUSIONS:

1.  There are basically three criteria that must be met for award of the
Combat Infantryman Badge.  The individual must hold an infantry MOS; they
must have been assigned or attached to an infantry unit of brigade,
regimental, or smaller size; and they must have been personally present
while the unit was engaged in active ground combat.  The evidence shows
that the applicant was a General Supply Specialist.  There is no evidence
that the applicant ever held an Infantry MOS while he served in Vietnam.
He is therefore not entitled to award of the Combat Infantryman Badge and
to have it added to his DD Form 214.

2.  The applicant participated in two campaigns during his service in
Vietnam.  He is therefore eligible for award of two bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his DD Form 214.

3.  The applicant served on active duty during one of the qualifying
periods for award of the National Defense Service Medal.  He is therefore
entitled to award of the National Defense Service Medal and to have it
added to his DD Form 214.

4.  The applicant served in Vietnam during the qualifying period for award
of the Republic of Vietnam Campaign Medal.  Although he did not serve in
Vietnam for longer than six months, the evidence shows that he was wounded
in action; he was medically evacuated to the Ryukyu Islands and was
returned to his unit in Vietnam to complete his service there.  The Awards
Regulation provides that "individuals who qualified for award of the
Vietnam Service Medal or the Armed Forces Expeditionary Medal and who were
medically evacuated before completing six months of service due to wounds
resulting from hostile action were entitled to award of the Republic of
Vietnam Campaign Medal."  Because of the technicality that he was returned
to Vietnam after being medically evacuated for treatment, the applicant
should not be denied award of the Republic of Vietnam Campaign Medal.
5.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; the Valorous Unit Award (two awards); and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his separation document at this time.

6.  None of the provisions of AR 635-5 that would authorize reissuance of a
DD Form 214 to the applicant applies.  The applicant's DD Form 214 was
neither lost nor destroyed.  The applicant submitted a copy of his DD Form
214 with his application for correction of his records and there is a copy
in his service personnel records.  The applicant's originally issued DD
Form 214 can be properly corrected through issuance of DD Form(s) 215.

7.  Copies of orders awarding the applicant the Purple Heart, and the
accompanying awards certificate are not in the applicant's service
personnel record.  Therefore copies of these requested documents cannot be
provided the applicant.  In the event of need for verification of the
award, award of the Purple Heart to the applicant is adequately supported
through entries in the applicant's service personnel records.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

mdm____  lgh _____  lds______  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 awarding the applicant
the National Defense Service Medal; two bronze service stars to be affixed
to his already-awarded Vietnam Service Medal, to denote his participation
in two campaigns while he served in
Vietnam; the Republic of Vietnam Campaign Medal; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Valorous Unit Award (two
awards); and the Republic of Vietnam Civil Actions Honor Medal, First
Class, 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 awarding the Combat
Infantryman Badge to the applicant and reissuance of a new DD Form 214
to the applicant.




            ____Mark D. Manning____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103741                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  134                 |107.0088                                |
|3.  140                 |107.0094                                |
|4.  141                 |107.0095                                |
|5.  157                 |107.0111                                |
|6.  79                  |107.0033                                |



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