RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             DECEMBER 2, 2004
      DOCKET NUMBER:     AR2004105603


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 Purple Heart
and Combat Infantryman Badge for his service in Vietnam.  The applicant
also requests that his pay grade on his separation document be corrected to
E-5.

2.  The applicant states, in effect, that his DD Form 214, Armed Forces of
the United States Report of Transfer or Discharge, does not show the Combat
Infantryman Badge or the Purple Heart to acknowledge the injury he
sustained on about 20 February 1972.  The applicant further states that he
was promoted to the pay grade E-5 while he served in Vietnam.

3.  The applicant provides a copy of his DD Form 214; a copy of a Standard
Form (SF) 600, Chronological Record of Medical Care; a copy of a DA Form
3082-R, Statement of Medical Condition, dated 4 December 1972; a copy of a
DA Form 2818, Firearms Authorization, dated 23 June 1972; a copy of a SF
46, U.S. Government Motor Vehicle Operator's Identification Card, dated 17
April 1972; and a copy of a DD Form 714, Meal Card, issued on 26 May 1972,
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 4 December 1972.  The application submitted in this case is
dated 8 March 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 record shows that he enlisted in the Regular
Army on 7 May 1971.  He completed his basic combat training at Fort Dix,
New Jersey, and his advanced individual training at Fort Polk, Louisiana.
After completing all required training, he was awarded the military
occupational specialty (MOS), 11B (Light Weapons Infantryman).
4.  The applicant was assigned to Vietnam and he arrived there on 26
January 1972.  He was assigned to the 3rd Brigade, 1st Cavalry Division,
and on 25 May 1972, he was reassigned to the 34th Infantry Platoon.  The
applicant served in Vietnam until 9 August 1972.

5.  The applicant was reassigned from Vietnam to Fort Knox, Kentucky, by
Special Orders 219, Paragraph 102, published by the 222d Personnel Service
Company, on 6 August 1972.  The applicant's rank shown in the standard name
line of these reassignment orders is SP4 (Specialist Four/pay grade E-4).

6.  There are no promotion orders in the applicant's service personnel
records to show that he was promoted to the pay grade E-5 while he served
in Vietnam.

7.  On 3 October 1972, the applicant received medical treatment at Ireland
Army Hospital, Branch Dispensary #3, Fort Knox, Kentucky.  A SF 600,
Chronological Record of Medical Care, was completed.  The rank / grade
shown on the form is E-4.

8.  On 4 December 1972, during separation processing procedures at Fort
Knox, Kentucky, the applicant completed a DA Form 3082-R, Statement of
Medical Condition, in his own hand.  On the form, the applicant identified
himself as serving in the rank and pay grade of SP4, E-4.

9.  The DA Form 2818, Firearms Authorization, dated 23 June 1972, which the
applicant submitted in support of his request, shows the rank of Sgt
(Sergeant).

10.  Item 33 (Appointments and Reductions), of the applicant's DA Form 20,
Enlisted Qualification Record, shows that the highest rank and pay grade
that the applicant was promoted to, and served in during his Army service,
was SP4, E-4.  Item 48 (Date of Audit), of the applicant's DA Form 20,
shows that he last audited his Enlisted Qualification Record on 27
September 1972.

11.  The applicant was released from active duty on 4 December 1972, under
the provisions of Army Regulation (AR) 635-200, for hardship, in the rank
and pay grade of Specialist Four, E-4, with 1 year, 6 months, and 28 days,
active military service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal; the Vietnam Service Medal; the
Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification
Badge, for qualification with the M-16 Rifle, the .45 Caliber Pistol, the M-
60 Machinegun, and the Hand Grenade.  The applicant was also awarded the
Sharpshooter Marksmanship Qualification Badge, for qualification with the M-
79 Grenade Launcher.  The Purple Heart is not shown among his awards.

13.  The applicant's name does not appear on the Vietnam Casualty List.

14.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  A search of the general orders
consolidation maintained by the Awards Branch, Human Resources Command, was
made for orders awarding the applicant the Purple Heart; however, none were
found.

15.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.  Item 40
(Brief Description of Wounds), of the applicant's DA Form 20, is blank.

16.  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 campaign participation.

17.  While in Vietnam, the applicant participated in the following two
campaigns:  Consolidation II, which extended from 1 December 1971 through
29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March
1972 through 28 January 1973.

18.  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.

19.  The applicant's conduct and efficiency throughout his enlistment were
consistently rated as, "Excellent."  There is no evidence of the applicant
ever having received non-judicial punishment, of having been subjected to
court-martial, or of having any record of lost time.

20.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period
for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  To be eligible for
award of the Good Conduct Medal, soldiers must meet all of the following
criteria:  all conduct (character) and efficiency ratings must be recorded
as "Excellent" except that ratings of "Unknown" for portions of the period
under consideration are not disqualifying.  Service school efficiency
ratings based upon academic proficiency of at least "Good" rendered
subsequent to 22 November 1955 are not disqualifying.

21.  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 Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 17 September 1965 through June 1972, by Department of the
Army General Orders 54, dated 1974.

22.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.

23.  AR 600-8-22 provides, in pertinent part, that 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.  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.

24.  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
to, by competent orders, and was 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.  There is no evidence in the applicant's service personnel records to
support his allegation that he was wounded as a result of hostile action in
Vietnam, that the wound required medical treatment, and that the medical
treatment was made a matter of official record.  The applicant is therefore
not eligible for award of the Purple Heart.

2.  There is a lack of conclusive evidence to show that the applicant met
all the criteria for award of the Combat Infantryman Badge.  There are
basically three criteria that must be met.  The individual must hold an
infantry MOS; he must have been assigned or attached to an infantry unit of
brigade, regimental, or smaller size; and he must have been personally
present while the unit was engaged in active ground combat.

3.  There is no evidence, and the applicant provided none, to show that he
was personally present while the unit was engaged in active ground combat.
The applicant is therefore not eligible for award of the Combat Infantryman
Badge.

4.  There is no evidence, and the applicant did not provide any, to show
that he was promoted to pay grade E-5 while he served in Vietnam.  Item 33,
of the applicant's DA Form 20, shows that the highest rank and pay grade
that he served in while in the Army was SP4, E-4.

5.  Documents that the applicant reviewed and authenticated with his
signature, to include the DD Form 214, show the rank and pay grade, SP4, E-
4.

6.  The applicant's DA Form 2818, Firearms Authorization, dated 23 June
1972, shows the rank of Sgt (Sergeant); however, this single document is
insufficient in establishing a foundation upon which to base the correction
of his pay grade on his DD Form 214.  This form is also insufficient in
establishing that the applicant was promoted to the rank and pay grade of
Sergeant, E-5, while he was in Vietnam, especially in view of the fact that
a number of documents prepared for his review and acknowledgement, after
his Vietnam service, display the rank and pay grade SP4, E-4.  The
applicant is therefore not eligible for correction of the rank and pay
grade which is shown on his DD Form 214.

7.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There is no entry in Item 42 (Remarks), on his DA Form 20,
indicating that he was
ever disqualified from award of the Good Conduct Medal by any of his unit
commanders.  It appears that the failure to award this Soldier the Good
Conduct Medal was an administrative oversight and not related to anything
he did to disqualify himself from this award; therefore, he is entitled to
award of the Good Conduct Medal for the period 7 May 1971 through 4
December 1972.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

teo _____  rjw _____  lvb  _____  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:

      a. awarding the applicant the Good Conduct Medal for the period 7 May
1971 through 4 December 1972;

      b.  awarding the applicant two bronze service stars to be affixed to
his already-awarded Vietnam Service Medal;


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and adding the above awards to the applicant's
DD Form 214.

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 Purple Heart
and the Combat Infantryman Badge to the applicant and denial of a
correction to the pay grade that is shown on the applicant's DD Form 214.





            ____Raymond J. Wagner___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105603                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  157                 |107.0111                                |
|4.  302                 |129.0000                                |
|5.  307                 |129.0500                                |
|6.                      |                                        |



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