RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR2004106266


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 the award of the Purple Heart (PH), Combat
Infantryman Badge (CIB), and Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states he is attaching verification that he received
these awards.  The paperwork to reflect these awards may not have reached
the proper destination as these were awarded from combat action in Vietnam.
 He further states that the Department of Veterans Affairs (DVA) Regional
Office in Sioux Falls, South Dakota has authenticated the documentation.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a copy of his Purple Heart
certificate, and a photograph of himself awarded with the Combat
Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 June 1971.  The application submitted in this case is
dated
26 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 limitations 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.  On 26 January 1968, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed basic combat training, advanced individual
training, and basic airborne training.  He was subsequently awarded
military occupational specialty (MOS) 11B2P, Light Weapons Infantryman.

4.  He served in Vietnam from 10 December 1968 through 20 September 1969
with Company B, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade.

5.  On 11 June 1971, the applicant was honorably released from active duty
and transferred to the U.S. Army Reserve Control Group (Reinforcement).
His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medical with one bronze service star, the Vietnam
Campaign Medal with Device "60", the Parachute Badge, and the Bronze Star
Medal.

6.  He served in the U.S. Army Reserve until 7 September 1973.  He then
enlisted in the South Dakota Army National Guard for a period of 1 year and
was subsequently honorably discharged on 7 September 1974.  He later
enlisted in the South Dakota Army National Guard on 24 August 1976 and was
honorably discharged on 27 May 1977.

7.  On 17 June 1969, General Orders Number 1532, Headquarters, 173rd
Airborne Brigade, awarded the applicant the Bronze Star Medal with "V"
Device for action on 7 April 1969.  The citation with this order states the
applicant was wounded in action.

8.  The applicant's name appears on the Vietnam Casualty Listing as having
been wounded.  His DA Form 20 (Enlisted Qualification Record) Item 40
(Wounds) shows fragment wound left arm 7 April 1969.  However, there are no
orders in his official records awarding him the Purple Heart.

9.  The applicant's official records do not contain orders awarding him the
Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal (BSM) is awarded in time of war for
heroism and for meritorious achievement or service.  The bronze “V” device
indicates acts of heroism involving conflict with an armed enemy and
authorizes the bronze “V” device in conjunction with awards of the Army
Commendation Medal, the Air Medal and the Bronze Star Medal.  As with all
personal decorations, formal recommendation, approval through the chain of
command, and announcement in orders is required.  Recommendations must be
made within 2 years of the event or period of service and the award must be
made within 3 years.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the PH 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.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided for award of the PH.  It stated that Soldiers who were treated and
returned to their units within 24 hours of being wounded would be awarded
the Purple Heart by their unit of assignment.  For wounded Soldiers
requiring hospitalization in excess of 24 hours or medical evacuation from
Vietnam, the authority to award the PH was delegated to hospital
commanders.

13.  AR 600-8-22 (Military Awards) provides, in pertinent part, that the
CIB is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Vietnam era the CIB
was awarded only to enlisted individuals who held and served in MOS 11B,
11C, 11F, 11G, or 11H.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, 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 served in Vietnam
during three campaigns -- Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969; Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969;
Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

15.  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 awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 22 October 1967 to 26 September 1970 by Department
of the Army General Orders 51, dated 1971 and the Republic of Vietnam Civil
Actions Honor Medal, First Class for the period 15 April 1969 to 16 March
1972 by Department of the Army General Orders 5, dated 1973.

16.  The applicant's DA Form 20 indicates in Item 41 (Awards and
Decorations) he was awarded the Expert Marksmanship Qualification Badge
with M-14 Rifle Bar, Marksman Marksmanship Qualification Badge with M-16
Rifle Bar, and Expert Marksmanship Qualification Badge with Mortar Bar.


17.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar.  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 Overseas
Service Bar for service in a hostile fire zone and for combining service to
calculate award of the bars.  For Vietnam service, one overseas service bar
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 overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 incorrectly shows his award of the Bronze
Star Medal without the "V" Device.  Therefore, he is entitled to have the
Bronze Star Medal with "V" Device reflected on his DD Form 214.

2.  It is obvious that the applicant is entitled to the Purple Heart based
on the award of the Bronze Star Medal with "V" Device, which shows he was
wounded in the citation.  Additionally, the fact he is listed on the
Vietnam Casualty Listing and his DA Form 20 shows he was wounded.
Therefore, he is entitled to have this award reflected on his DD Form 214.

3.  Despite the fact there are no orders awarding the applicant the CIB, he
meets the criteria by being assigned to an Infantry unit engaged in combat
and he has the proper MOS.  Therefore, he is entitled to have this award
reflected on his DD Form 214.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in three campaigns during his assignment in Vietnam which is
not correctly shown by award of three bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with
three bronze service stars and correction of his DD Form 214 to show these
awards.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of
Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is entitled
to correction of his records to show award of these foreign unit awards by
adding them to his DD Form 214.

6.  The applicant's record shows he was awarded the Expert Marksmanship
Qualification Badge with M-14 Rifle Bar, Marksman Marksmanship
Qualification Badge with M-16 Rifle Bar, and Expert Marksmanship
Qualification Badge with Mortar Bar.  Therefore, he is entitled to have
these awards reflected on his DD Form 214.

7.  The applicant served 10 months in Vietnam and is entitled to have one
Overseas Service Bar added to his DD Form 214.

BOARD VOTE:

__fe____  __mkp___  __cak___  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.  Deleting Bronze Star Medal and Vietnam Service Medal with 1
bronze service star on his DD Form 214;

      b.  Adding the Bronze Star Medal with "V" Device, the Purple Heart,
the Vietnam Service Medal with 3 bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam
Civil Actions Honor Medal, First Class, the CIB, the Expert Marksmanship
Qualification Badge with M-14 Rifle Bar, Marksman Marksmanship
Qualification Badge with M-16 Rifle Bar, and Expert Marksmanship
Qualification Badge with Mortar Bar, and one Overseas Service Bar.



                                  Fred Eichorn
                            ______________________
                                      CHAIRPERSON







                                    INDEX

|CASE ID                 |AR2004106266                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0112                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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