RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 March 2005
      DOCKET NUMBER:  AR2004106316


      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             |
|     |Ms. Rosa M. Chandler              |     |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, in effect, that his records be corrected and
that he be issued the following awards:  Purple Heart (PH), Good Conduct
Medal (GCMDL), Bronze Star Medal (BSM), 4 awards, Expert Marksmanship
Qualification Badge, and that he be given a battlefield commission to the
rank of second lieutenant.

2.  The applicant states, in effect, that in Vietnam, he appeared before a
board whose mission was to select enlisted Soldiers for a battlefield
commission.

3.  The applicant provides in support of his request a:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge), issued on 12 August 1971.


      b.  General Orders Number 10033, Headquarters, 25th Infantry Division,
San Francisco, California, dated 2 October 1970 for award of the Silver
Star.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the Board determine what the
applicant is authorized and correct his record and forward the medals and
decorations to his home of record or to the American Legion, so that a
formal presentation may be made.  Counsel also requests that a copy of the
Board's decision be forwarded to the American Legion.

2.  Counsel states, in effect, that the applicant served honorably, his
efficiency and conduct ratings were excellent and he had no lost time or
nonjudicial punishment and that he may be eligible for award of GCMDL,
Bronze Service Star, and the Vietnam Gallantry Cross Unit Citation with
Palm.

3.  Counsel provides a written statement in support of the applicant's
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
12 August 1971.  The application submitted in this case is dated 25 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 he was inducted into the Army of
the United States on 5 September 1969.  Upon completion of all required
military training, he was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantryman).  He then successfully completed the US Army
Ranger Course and was awarded the Ranger Tab.

4.  On 12 August 1970, the applicant was assigned to Vietnam.  On 23 August
1970, he was assigned to Company B, 4th Battalion, 23rd Infantry, 25th
Infantry Division.  On 7 December 1970, he was reassigned to Company A, 3rd
Battalion, 22nd Infantry, 25th Infantry Division.  On 10 April 1971, he was
reassigned to the 23rd Administrative Replacement Detachment.  On 18 April
1971, he was further reassigned to Company G, 75th Infantry (Rangers).  On
or about 9 April 1971, he returned to Fort Lewis, Washington.

5.  On 12 August 1971, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  His DD Form 214
shows he was awarded the Silver Star (SS), two Bronze Star Medals (BSM),
Army Commendation Medal (ARCOM), Air Medal (AM), National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal, Combat
Infantryman Badge (CIB), Sharpshooter Marksmanship Qualification Badge (M-
16 Rifle), and two overseas service bars.  It does not show the PH as an
authorized award.

6.  The applicant's DA Form 20 (Personnel Qualification Record) shows he
was issued the SS, CIB and the first award of the BSM.  The DA Form 20
shows he was awarded, but was not issued the second BSM (with Oak Leaf
Cluster, or OLC), AM, ARCOM, NDSM, VSM, two overseas service bars, Ranger
Tab, or the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle).

7.  The applicant served in Vietnam during two campaigns – Vietnam
Counteroffensive, Phase VII (1 July 1970-31 June 1971) and Consolidation,
Phase I (1 July-30 November 1971).

8.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.  There are no medical
records in the applicant's file showing that he was ever treated for a
wound.  His DA Form 20 contains no entry in Item 40 (Wounds).  There are no
orders awarding him the PH.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part, that:

      a.  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.

      b.  The GCMDL 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.  Current
practice requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.  There is no evidence
the applicant was ever denied this award.


      c.  A bronze service star is awarded, 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 is authorized two bronze service stars to represent
the two campaigns in which he participated from 12 August 1970 to 11 August
1971.

10.  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 shows the units to which the applicant
was assigned were cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 1 April to 30 June 1971 by Department of
the Army General Order Number 6, dated 1974.

11.  According to the internet website
"http://www.battlefieldcommissions.org" during the Vietnam War, from 1963
to 1973, the Commandant, United States Marine Corps appointed a permanent
Board with the mission of selecting enlisted men of the Marine Corps whose
performance under fire while serving in Vietnam merited a commission.  Only
62 enlisted Marines were commissioned, including one Marine who was killed
before he could accept his commission.  The Department of Defense, in an
official communication, has stated that there were no battlefield
commissions awarded by the Army during the Vietnam conflict.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the PH, the applicant would have to show that he was
wounded and 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.  There is no evidence the applicant meets this
requirement; his name is not on the Vietnam Casualty List, there are no
medical records showing that he was wounded in action, his DA Form 20 does
not indicate that he was wounded, and there are no orders in his records
awarding him the PH.

2.  The Department of Defense has stated that no Soldiers were given
battlefield commissions by the Army during the Vietnam War.  The applicant
has offered no proof that he was, in fact, given a battlefield commission
and there is nothing in his record to support his contention.

3.  The applicant's DA Form 20 shows that he qualified as a Sharpshooter
with the M-16 rifle.  There is no indication that he ever qualified as an
Expert Marksman.

4.  The applicant was awarded two BSMs for meritorious achievement; there
are orders for these awards in his records and they appear on his DD Form
214.  There is no evidence available to indicate that the applicant is
authorized a 3rd and 4th award of the BSM.

5.  The applicant is authorized award of:

      a.  The GCMDL for his honorable period of service from 5 September
1969 to 12 August 1971.

      b.  Two bronze service stars to be worn on his VSM to represent the
two campaigns in which he served from 12 August 1970 to 9 April 1971.

      c.  The Vietnam Gallantry Cross Unit Citation with Palm.

6.  The applicant should also be issued the following awards that are shown
on his DD 214:  BSM with OLC, AM, ARCOM, NDSM, VSM, Ranger Tab,
Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), and two
overseas service bars.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__fe____  __mkp___  __cak___  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 him:

      a.  The GCMDL for the period of service from 5 September 1969 to
12 August 1971;

      b.  Two bronze service stars to be worn on his VSM; and

      c.  The Vietnam Gallantry Cross Unit Citation with Palm.

2.  The applicant was awarded, but never received the BSM with OLC, AM,
ARCOM, NDSM, VSM, Ranger Tab, Sharpshooter Marksmanship Qualification Badge
(M-16 Rifle), and two overseas service bars.  He should be issued these
awards.

3.  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
a battlefield commission, award of the PH, BSM (3rd and 4th awards) and the
Expert Marksmanship Qualification Badge (M-16 Rifle).



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106316                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |





-----------------------
[pic]