RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004104684


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |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 reconsideration of his earlier appeal to correct
his military records by showing his military occupational specialty (MOS)
on his     DD Form 214 (Report of Transfer or Discharge) as 12A10, and by
granting all the awards due him.

2.  The applicant in separate correspondence also requests relief as
indicated therein.

      a.  He implies that his 1970 report of medical examination should
reflect that his feet were operated on at age 16 and that toenails of both
his great right and left toe were removed.  He requests that the report
show that he was missing teeth.

      b.  He requests all unit citations due him based on his assignment to
the 18th Engineer Brigade, the 35th Engineer Group, 589th Engineer
Battalion, and the 23d Engineer Detachment Well Drilling.

      c.  He requests that MOS 12CB30 be annotated on his DA Form 20
(Enlisted Qualification Record).

      d.  He requests that jungle training be reflected in his record.

      e.  He requests that he be retroactively paid TDY and jump pay.

       f.  He requests that his medical records be corrected to show that
he had a deviated septum and that his nose was wounded in a firefight when
he ran into a support post in a bunker causing multiple fractures.

      g.  He requests that his record be corrected to show award of the
Bronze Star Medal with "V" device and the Combat Infantryman Badge.

3.  The applicant states he left Vietnam believing that he had received two
awards of the Purple Heart, the Bronze Star Medal with "V" device, the Good
Conduct Medal, and numerous marksmanship badges.  He was a combat engineer
(pioneer) and return to the United States from Vietnam as a walking
wounded.  His records followed him 45 days after he left, and they were
incomplete.

4.  The applicant provides the documents as indicated in his correspondence
to the Board.
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
AR2002079468, on 25 February 2003.

2.  The applicant's record contain orders showing that he was assigned to
four separate units during his tour of duty in Vietnam – the 18th Engineer
Brigade on 22 January 1971, Headquarters and Headquarters Company, 35th
Engineer Group also on 22 January 1971, the 585th Engineer Company (Dump
Truck) on 21 January 1971 [probably an error and should be 21 February 1971
based on that date on his orders], and the 23d Engineer Detachment Well
Digging on         5 October 1971.  His DA Form 20 shows that he returned
to the United States on 23 October 1971.

3.  The applicant's 1970 report of medical examination shows that he was
medically qualified for enlistment.  It does not reflect any operation to
his feet or any problems with his teeth.

4.  The units to which the applicant was assigned were awarded the Republic
of Vietnam Civil Action Honor Medal First Class Unit Citation for their
actions during his assignment to those units.  The Unit Citation and
Campaign Participation Register shows that the units were awarded that
medal for the same identical period of time.  That register does not show
any other awards to those units during the period of time of the
applicant's assignment to those units.

5.  The applicant's DA Form 20 contains the entry 12A, the MOS in which he
was trained.  That form, however, shows that the entry was lined out and
replaced with the MOS entry of 64C30, motor transport operator, his duty
MOS in Vietnam.  There is no such MOS as 12CB30.

6.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows
that he completed basic combat training and training as a Pioneer.  It does
not show that he completed jungle training.  His DA Form 20 reflects the
military education and training that he completed.  It does not show that
he completed jungle training.

7.  On 20 April 1972 the applicant was ordered to Jolon, California for
temporary duty for 73 days beginning on or about 17 April 1972.  There is
no evidence whether or not he was paid for this temporary duty.  The
applicant completed a preference sheet on 11 January 1972 in which he
stated that he was airborne qualified and Special Forces qualified.  There
is no evidence concerning jump pay.  The applicant's records do not reflect
that he was trained as a parachutist, airborne qualified or that he
performed jump duty.

8.  A 10 July 1973 clinical record indicates that the applicant was seen
because of a multiple fracture of his nose, stating that he received it in
Vietnam 18 months ago, and that he had problems breathing from his left
nostril since then.  The applicant's 9 July 1973 report of medical
examination does not reflect that he had any problems with his nose.  It
shows that he was medically qualified for separation.

9.  On 6 February 1996 the applicant submitted to the VA a litany of
complaints concerning lost and falsification of records and his injuries.
Included with this listing is a statement from the applicant's mother and
uncle, each of whom state that the applicant was sent home from Vietnam
with an injury to his left shoulder and that the applicant complained of
pain to his shoulders and neck.  Included also is a VA medical record,
wherein the applicant related that he injured his right shoulder and neck
while running for cover during an air raid, hitting his right shoulder
against the blade and the radiator when he jumped between the blade and the
radiator of the bulldozer, also injuring his head and neck. The record also
indicated that the applicant related that he hurt his nose when he ran into
the wall of the bunker during an air raid while he was in Vietnam,
resulting in fracture of the bridge of his nose.

10.  On 5 August 2003 an individual completed three unsigned statements
stating that (1) the applicant told him that the first sergeant would
recommend him for the Bronze Star Medal with "V" device for the foot wound
that he had received under enemy fire as he carried a wounded soldier to
cover; and that he was sent to an aid station in the field, (2) that the
applicant stated that he hurt his neck and right shoulder when he dove for
cover under a bulldozer when the fire base where he was working received
mortar and ground fire, and (3) the applicant showed him some paperwork
from an aid station showing that he received a bullet to the foot from a
fire fight.

11.  Army Regulation 600-8-22 provides 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.  Examples of enemy-related injuries
which clearly justify award of the Purple Heart are injury caused by enemy
bullet, shrapnel, or other projectile created by enemy action; injury
caused by enemy placed mine or trap; injury caused by vehicle or aircraft
accident resulting from enemy fire; concussion injuries caused by enemy
generated explosions.  Example of injuries or wounds which clearly do not
qualify for award of the Purple Heart include battle fatigue, disease not
directly caused by enemy agent; and accidents, to include explosive,
aircraft, vehicular, and other accidental wounding not related to or caused
by enemy action.

12.  The Combat Infantryman Badge 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.  As with all awards,
formal recommendation and approval in the chain of command are required.
The award must be announced or published in general or permanent orders.

13.  The Parachute Badge is awarded to an individual who has satisfactorily
completed the prescribed proficiency tests while assigned or attached to an
airborne unit or the Airborne Department of the Infantry School, or have
participated in at least one combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  The 25 February 2003 Board previously determined that there was no
basis for correcting the applicant's records to show award of the Bronze
Star Medal with "V" device.  The applicant has submitted no new evidence
concerning this matter.  Consequently, the Board need not further address
this issue.

2.  The applicant was assigned to the units indicated above; although the
assignment to the 18th Engineer Brigade was a "paper" assignment on
     22 January 1971.  He was never with that organization, but assigned to
the     35th Engineer Group on the same date.  The units to which he was
assigned were all awarded the Republic of Vietnam Civil Actions Honor Medal
First Class for the same period of time.  The 23 February 2003 Board
awarded the applicant that medal.  The Board need not further address this
matter.  The applicant is not entitled to any other unit awards.

3.  The applicant's medical records are considered correct.  He has not
shown or provided evidence of any other information that should be added to
those records.  The applicant himself, if he felt so inclined, should have
notified medical personnel of any foot operation or dental problems when he
underwent his physical examination in 1970.  That he failed to do so is his
own fault.

4.  The matter of the applicant's MOS was adequately addressed by the
      23 February 2003 Board.  The applicant has submitted no additional
evidence that warrants further consideration of this matter by this Board.
5.  There is no evidence, and the applicant has not submitted any to show
that he completed jungle training.

6.  There is no evidence concerning TDY (temporary duty) pay.  Absent this
evidence, regularity is presumed – that is the applicant received all the
pay due him.  His belated request for TDY pay is denied.  There is likewise
no evidence that the applicant is due "jump" pay.  His records do not show
that he completed airborne training or participated in a combat jump.  His
request for "jump" pay is denied.

7.  There is a clinical record showing that the applicant indicated that he
had a problem with his nose.  There is no need to make any correction to a
record that already exists.

8.  The applicant was not an infantryman.  He was not assigned to an
infantry unit.  He is not entitled to award of the Combat Infantryman
Badge.

9.  There is no evidence that the applicant was wounded in a firefight.
Notwithstanding the unsigned statements of an individual who stated that
the applicant informed him of his wounds, there is no medical evidence to
indicate that he was wounded in action.  The statements are insufficient.
Furthermore, the applicant's accidental injuries to his shoulder and nose
as related by him are not tantamount to being wounded as a result of
hostile action.  There is no basis for award of the Purple Heart.

10.  The applicant has made numerous statements and queries in his request
to the Board concerning his records, e.g., "started training on Monday
after graduation," and "why did I go from a PE1 to PFC in 8 days?" and "My
MOS is not noted on leave order," and "AWOL was to be deleted per Morning
Rpt …."  He also refers to Department of Veterans Affairs (VA) records.  He
implies in these statements that orders and other documents are incorrect.
These orders, documents, forms, etc., however, are simply management tools.
 To make changes to these records, even if incorrect, for individuals who
are no longer in the service, especially after 30 years after their
preparation serves no useful purpose.

10.  The Board's jurisdiction applies to Department of the Army records.
It has    no authority to correct records generated by the VA.  The
applicant should apply to that agency for correction to his VA records.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  __PS  ___  ___SS __  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 AR2002079468, dated 25 February 2003.
Furthermore, the evidence presented does not demonstrate the existence of a
probable error or injustice concerning the other matters wherein the
applicant requests relief.    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.




                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104684                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.50                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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