RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 September 2005
      DOCKET NUMBER:  AR20050002098


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 award of the Purple Heart and the Combat
Infantryman Badge.  He also requests that the military occupational
specialty (MOS) shown in item 23a (Specialty Number & Title) on his DD Form
214 (Report of Transfer or Discharge) be corrected to show 11B20 instead of
16B20.

2.  The applicant states he was wounded under fire, evacuated, and almost
died due to blood loss. He also states his MOS should be 11B20 (light
weapons infantryman) and that he was in combat his entire tour in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a statement of
support, dated 24 January 2005, from a fellow Soldier at the time in
question with four enclosures outlined in the letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
18 January 1971.  The application submitted in this case is dated 4
February 2005.

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 was inducted on 16 April 1969.  He was awarded MOS 11B20
effective 2 June 1970.  He served in that MOS assigned to Company C, 5th
Battalion, 46th Infantry of the 198th Infantry Brigade in Vietnam from 4
October 1970 through 18 January 1971. On 18 January 1971, the applicant was
released from active duty in the rank of specialist four after completing 1
year, 9 months and 3 days of creditable service with no time lost.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with
Rifle Bar as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

8.  The applicant provided a statement, dated 24 January 2005, from a
fellow Soldier at the time in question.  This Soldier attests that the
applicant served in a military combat unit in Vietnam during the period
September 1970 to January 1971.  He described a visit he made to the
applicant’s duty station in Chu Lai on 5/6 January 1971 and how the
applicant spoke of ambushes, missions, and patrols he had been on.  He also
indicated that the applicant told him he had been wounded in the leg.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

10.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

12.  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, and the
medical treatment must have been made a matter of official record.

13.  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 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.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  Army Regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was wounded under fire,
evacuated, and almost died due to blood loss in Vietnam, there is no
evidence of record which shows that the applicant was wounded or treated
for any injuries as a result of hostile action in Vietnam.  Therefore,
there is insufficient evidence on which to base an award of the Purple
Heart in this case.

2.  Although the applicant served in an infantry MOS assigned to an
infantry company in Vietnam, there is no evidence of record which shows
that he served in active ground combat in Vietnam.  In the absence of
orders for the Combat Infantryman Badge or other evidence of record which
shows that the applicant served in active ground combat, the statement
provided by the applicant is not sufficient as a basis for award of the
Combat Infantryman Badge.

3.  The applicant was awarded MOS 11B20 effective 2 June 1970.  Therefore,
it would be appropriate to correct item 23a on his DD Form 214 to show MOS
11B20.

4.  The applicant was separated in the rank of specialist four with over 20
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 16 April 1969 through 18 January 1971
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

5.  The applicant participated in one campaign during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
bronze service stars.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 18 January 1971; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 17 January 1974.  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 RELIEF

LE______  _PS____  LH_____  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:

      a.  deleting the entry, “16B20” in item 23a on his DD Form 214;

      b.  adding the entry, “11B20” in item 23a on his DD Form 214;

      c.  awarding him the first award of the Good Conduct Medal for the
period 16 April 1969 through 18 January 1971; and

      d.  amending item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to
add award of the Good Conduct Medal and to show that he was awarded the
Vietnam Service Medal with one bronze service star and the Republic of
Vietnam Gallantry Cross with Palm 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 and the Combat Infantryman Badge.




            ___Lester Echols______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002098                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |100.0500                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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