RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 February 2005
      DOCKET NUMBER:  AR2004106650


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his records to show award of the
Combat Infantryman Badge and the Purple Heart.

2.  The applicant states, in effect, that he received a minor wound to his
left elbow during an incoming rocket attack on his base camp in Vietnam.
The applicant continues that his wound was minor and he did receive
treatment; however, his service medical records were either lost or his
medical information was not properly documented.

3.  The applicant further states that he should be awarded the Combat
Infantryman Badge based on Army regulations concerning secondary military
occupational specialties (MOS) and combat duties.

4.  The applicant further states that he served with the 9th Infantry
Division in Vietnam and according to Army regulations as shown on the
Internet, he is entitled to the Purple Heart.

5.  The applicant provides self-authored letters, dated 30 July 2004 and
27 September 2004; copy of his progress notes from the Department of
Veterans Affairs (DVA) in Huntington, West Virginia, dated 17 March 2004
and
27 September 2004; a letter from the National Personnel Records Center
(NPRC), dated 12 March 2004; an excerpt from a book titled " A Year to Kill
- A Vietnam War Story;" a copy of a page from the 9th Infantry Division
website; a letter from the U.S. Center for Military History, dated 4 May
2004; an undated diagram of bunkers; pictorial and text excerpts from a
book titled "Steel My Soldiers' Hearts;" a letter from the Review Boards
Agency Support Division, dated 15 October 2003; a letter from the National
Archives and Records Administration, dated 17 June 2004, a letter from
NPRC, dated 15 July 2004;
and a self authored letter, dated 17 August 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 June 1970, the date of his separation from active service.  The
application submitted in this case is dated 31 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.  The applicant entered active duty on 9 June 1967 for a period of three
years.  He successfully completed basic combat training and advanced
individual training and was awarded the MOS 71B20 (Clerk Typist).  He
served with the 9th Administration Company, 9th Infantry Division in
Vietnam from 8 November 1967 to 3 November 1968.

4.  The applicant's service medical records are not contained in his
military personnel records.

5.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There is also no evidence in
his records that show he was wounded or treated for wounds as a result of
hostile action.

6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 (Enlisted Qualification Record) shows that he held the MOS 71B20 (Clerk
Typist) and 71H20 (Personnel Specialist).  This form also shows that the
applicant, while assigned to the 9th Administration Company, 9th Infantry
Division in Vietnam, served in MOS 71H20 (Records Clerk).

7.  The applicant's DA Form 20 does not show an entry in item 40 (Wounds).
Item 41 (Awards and Decorations) of this form does not show the Combat
Infantryman Badge or the Purple Heart.

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
lists
the following awards earned during his service: Good Conduct Medal; Vietnam
Service Medal with One Silver Service Star; Republic of Vietnam Campaign
Ribbon with 1960 Device; Army Commendation Medal; National Defense Service
Medal; Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd
Award); Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and the Marksmanship Badge with Rifle Bar.

9.  The applicant's name is not listed on the Vietnam Casualty Roster.

10.  The applicant's military personnel records contain a letter from NPRC,
dated 10 August 2001, in response to his request to determine his
eligibility for the Combat Infantryman Badge.  The applicant was advised by
the NPRC that he must have been assigned to an infantry unit of brigade
size or smaller, held an infantry MOS while performing infantry duties, and
actively engaged in ground combat.  He was further advised that battle
participation credit alone was not a sufficient basis for award of the
Combat Infantryman Badge.

11.  The applicant provided medical records from the DVA.  The medical
records show that on 17 March 2004, the applicant complained of pain in his
left elbow.  The applicant stated that the elbow pain had bothered him for
several years and that it felt like something was in there [elbow] that was
bothering the nerve.

12.  The applicant continued that he was hit with shell fragment in his
left elbow in 1968 while serving in Vietnam and dirt got into the wound
when he jumped into a pit.  The applicant further explained that the wound
was treated and referred to as a "Cheap" or " Minor Wound."  The DVA staff
physician noted that the applicant's elbow showed a minimal amount of
degenerative change and that there were no acute bony abnormality,
fracture, or effusion.  The staff physician also noted that no radiopaque
[being opaque to radiation especially to x-rays] foreign body was seen.
The staff physician's impression was that the applicant's condition was
osteoarthritis of the left elbow.

13.  The applicant submitted a statement, dated 24 May 2004, in which he
recalled that he showed another Soldier a piece of shell fragment.  He
continued that he remembered that an Army specialist from Logan County,
West Virginia died upon arrival to the 9th Medical Battalion.  The
applicant further stated that  he gave a piece of shell fragment to a
fellow soldier going home that day.

14.  The applicant stated in his self-authored letter, dated 30 July 2004,
that the book "A Year to Kill " supports his request before the Army Board
for Correction of Military Records.  The applicant further stated that he
should be awarded the Purple Heart based on the above medical reports he
submitted with his request.
The applicant explained that his secondary MOS was infantry and not a clerk
typist and that he should be awarded the Combat Infantryman Badge based
"Vietnam Army regulations" concerning secondary MOS and combat duties.

15.  The applicant noted that he served several months with the author of
the book " A Year to Kill."  The applicant further noted that he was
assigned to both guard duty and the combat reactionary force by special
written orders.  He concluded that he came under direct and indirect
hostile fire and was issued full combat gear when on combat duties.

16.  The applicant provided a letter with attached medical records from the
DVA, dated 27 September 2004.  The applicant stated that the DVA medical
records supported his claim for the Purple Heart.  The applicant maintained
that he was still being treated for the minor shell fragment wound at the
Veterans Affairs Medical Center in Huntington, West Virginia.

17.  The medical records also show that the applicant complained of leg and
back pain and that he expressed concerns that his medication was affecting
his liver.  The applicant also stated that the shell fragment wound on his
left elbow was still causing pain similar to a nerve compression.

18.  Army Regulation 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.

19.  Army Regulation 800-8-22 (Military Awards) 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
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman
Badge and the Purple Heart based on his service in Vietnam.

2.  The applicant's military records show that he was awarded MOS 71B20
(Clerk Typist) upon his completion of advanced individual training.  His
records also show that he served in administrative MOS's throughout his
tour in Vietnam.

3.  There is no evidence that the applicant served in an infantry MOS in
Vietnam. There also is no evidence that the applicant served in an infantry
unit of regimental or smaller size in ground combat in Vietnam.  Both of
these are regulatory requirements for award of the Combat Infantryman
Badge.  The applicant was not an infantryman and therefore did not meet the
eligibility requirements for award of the Combat Infantryman Badge.




4.  The applicant contends that he is entitled to award of the Purple
Heart.  However, there are no orders in the applicant’s service personnel
records which show that he was awarded the Purple Heart, and there is no
evidence in his records that he was wounded or treated for wounds as a
result of hostile action.

5.  The DVA medical records provided by the applicant have been carefully
considered.  However, they are insufficient to warrant award of the Purple
Heart. These documents do not indicate that he sustained wounds from
hostile action or that he was treated by military medical authorities from
wounds resulting from hostile action.  On the contrary, the staff physician
at the DVA stated that no foreign body was seen on the applicant's x-ray
and diagnosed the applicant with osteoarthritis of the left elbow.

6.  The applicant contends that he served with the author of the book " A
Year to Kill" and that this book supports his claim for the Combat
Infantryman Badge.  However, this book is based on the author's personal
experiences and provides no relevant information which supports the
applicant's contention.

7.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds as a result of hostile action,
there is insufficient evidence upon which to base award of the Purple Heart
in this case.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
7 June 1973.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jlp___  __tap___  __kwl___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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
for correction of the records of the individual concerned.




                                        Jennifer L. Prater
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106650                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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