RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001177


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry 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, via two different application forms and an
individual statement, that his records be corrected to reflect award of the
Combat Infantryman Badge, a Parachutist Badge, Army Commendation Medal with
"V" device, a second award of the Bronze Star Medal, the Purple Heart, and
a unit citation.

2.  The applicant states, in effect, his military specialty was 11B4P
(airborne infantry), that he served in combat nearly the entire time he was
in Vietnam, and that he was awarded the Army Commendation Medal with "V"
device, two awards of the Bronze Star Medal, an Air Medal, and a unit
combat citation.

3.  He states that after being discharged from active duty he went to the
Department of Veterans Affairs where he reported he had two medical
problems; malaria and ringing in the ears/hearing loss.  He states that
while in Vietnam his unit was attacked and a rocket exploded a few feet
from him.  He states the concussion knocked him off his feet and that for
several minutes he could not hear.  He notes other Soldiers with him
thought he had been wounded because he screamed out as he hit the ground.
He states after regaining his senses he continued in the battle.

4.  The applicant provides a copy of orders awarding him the Combat
Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of a
second Bronze Star Medal and an award of the Army Commendation Medal with
"V" device.  There are no orders or other evidence authorizing award of
these decorations.  In the absence of a proper award authority for these
decorations, the applicant may request those awards under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for
these decorations under Section 1130 and, as a result, they will not be
discussed further in the Record of Proceedings.

2.  Records available to the Board indicate the applicant entered active
duty on 25 April 1968.  While undergoing training he qualified as a
marksman with the


M-14 rifle and as a sharpshooter with the M-16 automatic rifle.  He was
awarded the associated badge and component bars but the information was
omitted from his separation document.

3.  Although there were no orders in the applicant's file awarding him the
Parachutist Badge, there were several documents, including his separation
report, which confirmed he was a qualified parachutist.  His military
specialty, on several documents, shows an identifier of "P" which denotes
qualification as a parachutist.

4.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the basic Parachutist Badge.  Award of the
basic Parachutist Badge requires that an individual must have
satisfactorily completed the prescribed proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of the Infantry
School, or have participated in at least one combat parachute jump.

5.  According to the applicant's separation document he arrived in Vietnam
on
4 June 1969.  Orders awarding him the Combat Infantryman Badge in July 1969
indicate the applicant was assigned to Company B, 1st Battalion, 5th
Cavalry Regiment at the time.  Orders confirming the badge were issued by
the 1st Air Cavalry Division.  The Combat Infantryman Badge was omitted
from the applicant's separation document.

6.  In February 1970 the applicant was reassigned from Company B of the 1st
Battalion, 5th Cavalry Regiment to the Headquarters and Headquarters
Company.  He departed Vietnam on 2 April 1970, according to the information
on his separation document.

7.  On 2 April 1970 the applicant was released from active duty.

8.  There were no service medical records available to the Board.  However,
a separation physical examination, completed on 2 April 1970 makes no
mention of any wounds incurred as a result of combat.  The applicant's name
is not among a list of individuals reported as combat casualties during the
Vietnam War.

9.  Army Regulation 600-8-22 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

11.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (TET 69
Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970)
during the applicant’s period of assignment.  Three bronze service stars on
the Vietnam Service Medal, which is recorded on his separation document,
should reflect his campaign participation.  The unit was also awarded two
awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm
and one Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation during his tenure with the organization.  The unit awards were
also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Combat Infantryman
Badge.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant qualified as a marksman
with the M-14 rifle and as a sharpshooter with the M-16 automatic rifle and
that he was awarded the associated badge and component bars.  His records
should be corrected to reflect that information.

3.  While there are no orders in the applicant's file confirming he was
awarded the Parachutist Badge, the fact that several documents, including
his separation document, indicate he held a parachutist identifier, is
sufficient to confirm he completed airborne training.  In the interest of
justice and equity, it would be appropriate to correct his records to
reflect award of the Parachutist Badge.

4.  The evidence also confirms the applicant is entitled to three bronze
service stars on his Vietnam Service Medal, two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and one Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records
should be corrected to reflect that information.

5.  Unfortunately, there is no medical evidence which confirms the
applicant was wounded as a result of hostile action while in Vietnam.  In
the absence of such evidence, there is no basis for an award of the Purple
Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ W P__  __JM ___  ___LO __  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by showing that he was awarded the Combat Infantryman Badge;


      b.  by showing that he qualified as a marksman with the M-14 rifle and
as a sharpshooter with the M-16 automatic rifle and was awarded the
associated badge and component bars;


      c.  by awarding him the Parachutist Badge; and


      d.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and one Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

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.



                                  _____ William Powers_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001177                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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