RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         FEBRUARY 3, 2005
      DOCKET NUMBER:  AR2004106154


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 the Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he was with the 1st Squadron, 1st
Cavalry Regiment, when he received shrapnel wounds in his head and neck and
was medically evacuated to the base at Danang.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 10 January 1972.  The application submitted in this case is dated 23
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 records show that he enlisted in the Regular
Army for 2 years on 29 June 1970.  He completed his basic combat and his
advanced individual training at Fort Ord, California.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 11C (Infantry Indirect Fire Crewman).

4.  The applicant was assigned to Vietnam and he arrived there on 16
January 1971.  He was assigned to C Troop, 1st Squadron, 1st Cavalry
Regiment.  The applicant served with this unit until 10 November 1971 when
he was reassigned to Company E, 1st Battalion (Airmobile), 502nd Infantry
Regiment.  He remained assigned to this unit until he was returned to the
United States for release from active duty.

5.  The applicant was released from active duty on 10 January 1972, under
the provisions of Army Regulation (AR) 635-200, Chapter 5, Section VII,
Early Separation of Overseas Returnee, in the rank and pay grade of
Specialist Four, E-4, with 1 year, 6 months, and 3 days active military
service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the Army Commendation Medal, the National Defense Service Medal,
the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle].  The Purple Heart is not
shown among his authorized awards.

7.  The applicant was awarded the Purple Heart for wounds he received in
connection with military operations against a hostile force on 27 August
1971, by General Orders Number 9568, Headquarters, 23rd Infantry Division,
dated 28 August 1971.

8.  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.

9.  While in Vietnam, the applicant participated in the following three
campaigns:  the Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971; the Consolidation I, which extended from 1
July through 30 November 1971; and the Consolidation II, which extended
from 1 December 1971 through 29 March 1972.

10.  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.

11.  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 had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.
12.  AR 672-5-1, paragraph 96, in effect at the time of the applicant's
service in Vietnam, provides in pertinent part, that for award of the
Combat Infantryman Badge, an individual must be an infantry officer in the
grade of colonel or below, or an enlisted man or a warrant officer with an
infantry MOS, who subsequent to 6 December 1941 has satisfactorily
performed duty while assigned or attached as a member of an infantry unit
of brigade, regimental or smaller size during any period such unit was
engaged in active ground combat.  Battle participating credit alone is not
sufficient; the unit must have been in active ground combat with the enemy
during the period.

13.  US Army Vietnam (USARV) Regulation 672-1, paragraph 2.b. Appendix V.
provides in pertinent part, that the term "smaller size" infantry unit used
in paragraph 96, AR 672-5-1, is a unit of squad, platoon or company size.
For example personnel possessing an infantry MOS in a rifle squad or a
cavalry platoon of an armored cavalry troop would be eligible for award of
the Combat Infantryman Badge, if other criteria are also met.

14.  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 unit the applicant was assigned to, the
1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 8 February 1971
through 30 April 1971, by Department of the Army General Order (DAGO)
Number 42, dated 1972.  This unit award is not shown on his DD Form 214.

15.  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 applicant was awarded the Purple Heart for wounds he received in
connection with military operations against a hostile force on 27 August
1971.  He is therefore eligible to have this award added to his DD Form
214.
2.  The applicant was wounded in action at the time he was satisfactorily
performing duty in the MOS 11C while assigned to a cavalry squadron troop.
The applicant met the criteria for award of the Combat Infantryman Badge as
prescribed in USARV Regulation 672-1.  He is therefore entitled to award of
the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

4.  The applicant served in Vietnam for 6 months or more and was awarded
the Vietnam Service Medal.  He is therefore eligible for award of the
Republic of Vietnam Campaign Medal and to have it added to his DD Form 214.

5.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at the time the unit was cited
for the award.  He is therefore entitled to this unit award and to have it
added to his DD Form 214.

BOARD VOTE:

mm_____  ljo ____  _  lb  ______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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.  adding the already-awarded Purple Heart, to the applicant's DD
Form 214;
b.  awarding the applicant the Combat Infantryman Badge and adding it to
his DD Form 214;


      c.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with three bronze service stars; and


      d.  awarding the applicant the Republic of Vietnam Campaign Medal and
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and
adding these award to his DD Form 214.




                            ___Melvin H. Meyer__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004106154                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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