RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2005
      DOCKET NUMBER:  AR20050002105


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. 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 that he be awarded the Purple Heart, the Combat
Infantryman Badge (CIB), and a Certificate awarding him the Air Medal (AM).

2.  The applicant states, in effect, that he received shrapnel wounds to
the right knee during a rocket attack in Vietnam and was treated at a
Vietnamese Special Forces Hospital.  However, the attending physicians did
not reflect the treatment in his records.  He also states that he was in
fire fights in Vietnam but did not seek the award of the CIB because he did
not want the recognition and felt that others deserved it more than he did.
 However, he has now changed his mind and desires to hand it down to his
son.

3.  The applicant provides a letter written to the President of the United
States explaining his dilemma in obtaining treatment from the Department of
Veterans Affairs (VA), an unsigned letter from his former commander in
Vietnam regarding his being wounded in Vietnam, a recommendation for award
of the Air Medal, and forms approving the registration and importation of
war trophies (firearms).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 4 June 1971.  The application submitted in this case is dated 31 January
2005 and was received on 10 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.  He enlisted in Pittsburgh, Pennsylvania, on 7 June 1968 for a period of
3 years.  He completed his basic combat training at Fort Jackson, South
Carolina, and was transferred to Fort Monmouth, New Jersey, to undergo his
advanced individual training (AIT).

4.  He completed his AIT, was awarded the military occupational specialty
(MOS) of 31S (Fixed General Communications/Security Maintenance), and was
transferred to Vietnam on 30 July 1969 for assignment to Company E,
5th Special Forces Group in MOS 31S20.  He was promoted to the pay grade of
E-5 on 4 April 1970.

5.  He departed Vietnam on 27 July 1970 and was transferred to Fort Hood,
Texas, where he remained until 4 June 1971, when he was honorably released
from active duty (REFRAD) due to the expiration of his term of service
(ETS).  He had served 2 years, 11 months, and 28 days of total active
service and was awarded the National Defense Service Medal, the Vietnam
Service Medal with three bronze service stars, the Republic of Vietnam
Campaign Medal, and the Army Commendation Medal.

6.  A review of his records shows that he had excellent conduct and
efficiency ratings and his record is void of any derogatory information
that would serve to disqualify him for award of the Good Conduct Medal
(GCMDL).

7.  A review of his records, as well as the Vietnam Casualty Listing, fails
to show that he was wounded as a result of enemy action or that he was
reported as a casualty.

8.  His records also show that he underwent a medical/physical examination
on 15 May 1989 for enlistment in the United States Army Reserve (USAR) and
he indicated at that time that he had a scar on his right knee that was the
result of knee surgery in 1972 conducted in Greensburg, Pennsylvania, to
remove bone chips from his right knee.

9.  The unsigned letter from the applicant’s former commander indicates
that it was reported to him that one of his soldiers had been injured by a
minor shrapnel wound during a rocket attack in 1970 and he believed it to
be the applicant.

10.  The applicant’s records contain a copy of a recommendation for award
of the AM to the applicant for the period of 7 September 1969 to 7 June
1970.  On
9 October 2002, the National Personnel Records Center authorized the
issuance of the AM Medal Set to the applicant.  There is no indication that
a certificate or orders for that award were ever published.

11.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Infantryman Badge (CIB) is awarded to infantry
officers and to enlisted and warrant officer personnel who have an infantry
military occupational specialty (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.

13.  Army Regulation 600-8-22 establishes the criteria for award of the
Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  The regulation outlines the criteria for
award of the Good Conduct Medal (GCMDL) and provides, in pertinent part,
that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity
in active Federal military service.  It is awarded on a selective basis to
each soldier who distinguishes him or herself from among their fellow
soldiers by their exemplary conduct, efficiency, and fidelity throughout
their service.  There is no right or entitlement to the medal until the
immediate commander has approved the award and the award has been announced
in permanent orders.  Separation transfer points will review records of
enlisted personnel being separated to determine whether they qualify for
award of the GCMDL.  Where possible, a reasonable effort will be made to
contact the unit commander prior to awarding the medal to qualified
members.

14.  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 unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he was
assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded and the supporting
documents presented have been noted.  However, he has failed to show
through the evidence submitted or the evidence of record, sufficient
evidence to establish that he was injured as a result of enemy action and
that he received treatment for that injury.

2.  Therefore, absent more conclusive and specific evidence to show that he
was wounded as a result of enemy action and that the treatment was made a
matter of record, there appears to be no basis to award him the Purple
Heart at this time.

3.  The applicant has also failed to show through evidence submitted with
his application or the evidence of record that he ever held the MOS of an
infantryman or that he was ever assigned to an infantry unit that engaged
the enemy in combat in that capacity.  Accordingly, there appears to be no
basis to award him the CIB.

4.  However, it is noted that the applicant’s records contain no derogatory
information that would serve to disqualify him for award of the GCMDL.
Therefore, it must be presumed that the failure to award him the GCMDL was
the result of an administrative error.  Accordingly, it would be in the
interest of justice to award him the GCMDL for the period of 7 June 1968 to
4 June 1971.

5.  It is also noted that the applicant was recommended for award of the AM
and that the AM Medal Set was issued to him.  However, there is no evidence
of a certificate or orders being published and issued to him.  Accordingly,
a certificate and orders awarding him the AM for the period of 7 September
1969 to 7 June 1970 should be provided to him at this time.

6.  Additionally, the applicant’s unit was awarded the RVNGC w/Palm Unit
Citation and the RVNCAHM-FC Unit Citation subsequent to his REFRAD.
Accordingly, he is entitled to have those awards awarded to him at this
time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__js____  __phm___  __ljo___  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 the GCMDL
for the period of 7 June 1968 to 4 June 1971, the RVNGC w/Palm Unit
Citation, the RVNCAHM-FC Unit Citation and by issuing him orders and an
award Certificate for award of the AM for the period of 7 September 1969 to
7 June 1970.

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 CIB.



                 John Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002105                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0111              |157/CIB                                 |
|3.107.0094              |140/RVNGC                               |
|4.107.0095              |141/RVNCAHM                             |
|5.107.0056              |102/GCM                                 |
|6.                      |                                        |


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