RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 December 2005
      DOCKET NUMBER:  AR20050003376


      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. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his records be corrected to reflect his
awards of the Combat Infantryman Badge (CIB) and Purple Heart.

2.  The applicant states that due to a rocket attack destroying records,
his unit never added his awards of the CIB and Purple Heart to his records.

3.  The applicant provides a newspaper article about his tour in Vietnam
and his awards, a picture of an alleged wound, a picture of him wearing a
CIB and being awarded the Air Medal with “V” Device, a copy of a rating
decision from the Department of Veterans Affairs (VA), a copy of his
separation physical/medical examination, and his reports of separation (DD
Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 December 1971.  The application submitted in this case was
received on 8 March 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 Cleveland, Ohio, on 19 October 1967 for a period of 3
years and training in the wire maintenance career management field.  He
completed his basic combat training at Fort Knox, Kentucky, and his
advanced individual training (AIT) as a field wireman at Fort Ord,
California.

4.  Upon completion of his AIT he was transferred to Korea for assignment
to the 1st Battalion, 32nd Infantry Regiment, on 9 March 1968.  He was
honorably discharged on 13 September 1968 for the purpose of immediate
reenlistment.  He reenlisted on 14 September 1968 for a period of 3 years
and assignment to Vietnam.

5.  He departed Korea on 27 September 1968 and was transferred to Vietnam
on 27 October 1968 and was assigned to the 227th Aviation Battalion for
duty as a door gunner in military occupational specialty 67A1F.  He was
advanced to the pay grade of E-4 on 22 February 1969.

6.  He served in Vietnam until 19 June 1970, when he was returned to Fort
Dix, New Jersey, for further assignment to Germany.  He did not depart for
Germany until 1 May 1971 and remained there until 11 December 1971, when he
was returned to Fort Dix and was honorably released from active duty on
13 December 1971.  He was transferred to the United States Army Reserve
Control Group (Reinforcement).  He had served 3 years, 10 months and 17
days of total active service and 97 days of lost time due to being absent
without leave (AWOL).  His DD Form 214 issued at the time of his REFRAD
indicates that he was awarded the National Defense Service Medal, the
Vietnam Service Medal (VSM), the Army Commendation Medal (ARCOM), the Armed
Forces Expeditionary Medal and the Air Medal with 27 oak leaf clusters.

7.  A review of the available records shows that the applicant was awarded
the Air Medal with 27 oak leaf clusters and a “V” Device, the Aircraft
Crewman Badge, the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal –
First Class (RVNCAHM-FC) Unit Citation and the Valorous Unit Award (VUA).
Additionally, he participated in six campaigns while assigned to Vietnam
and was entitled to be awarded one silver and one bronze service star for
wear on his already awarded VSM.  However, the “V” Device and the remaining
awards were not included on his DD Form 214 at the time of his REFRAD.

8.  The applicant’s medical records were not present for review by the
Board; however, his final separation physical/medical examination reveals
that he had multiple wounds to both legs without functional impairments.
The applicant’s name is not contained on the Vietnam Casualty Listing.

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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal.  This medal was awarded by
the Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 (Military Awards) 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 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 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.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders present in the applicant’s records showing
that he was awarded the Purple Heart, it is reasonable to presume, given
the medical documentation (final physical) surrounding the shrapnel wounds
to his legs, that he was in fact awarded the Purple Heart as he contends
and that the orders never caught up with his personnel records.
Accordingly, it would be appropriate to add that award to his DD Form 214
at this time.

2.  The evidence of record also establishes that he was awarded a “V”
Device for his Air Medal (AM) that was not included on his DD Form 214 as
well as awards of the Aircraft Crewman Badge, the RVNGC w/Palm Unit
Citation, the RVNCAHM-FC Unit Citation, the VUA, and one silver and one
bronze service star for wear on his already awarded VSM.  Accordingly, it
would be in the interest of justice to do so at this time.

3.  The evidence of record also establishes that he was entitled to be
awarded the Republic of Vietnam Campaign Medal (RVNCM) for his service in
Vietnam and thus it is appropriate to do so at this time.

4.  The applicant’s contention that he was awarded the CIB had been noted,
as has the fact that he has provided a picture of him wearing one while
being presented an award.  However, there are no orders present in the
available records to show that he was awarded a CIB and in accordance with
the applicable regulations, he was required to be assigned to an infantry
unit, to have been awarded the MOS of an infantryman and must have engaged
the enemy in that capacity in order to receive a CIB.  The applicant has
failed to provide such evidence and since the evidence of record does not
support that contention, it must be presumed that he was not eligible to
receive the CIB.  Accordingly, there appears to be no basis to award him
the CIB at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_MJF____  _LGH___  __JS____  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 RVNCM
and by showing that he was awarded the Purple Heart, the AM with 27 Oak
leaf clusters and “V” Device (vice AM w/ 27 OLC currently reflected on his
DD Form 214), THE Aircraft Crewman Badge, the RVNGC w/Palm Unit Citation,
the RVNCAHM-FC Unit Citation, the VUA, and one silver and one bronze
service star for wear on his already awarded VSM.

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
adding the award of the CIB to his DD Form 214.




            _____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003376                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0018              |64/AM                                   |
|3.107.0033              |79/VUA107.0111                          |
|4107.0111.              |157/CIB                                 |
|5.107.0094              |140/RVNGC                               |
|6.107.0095              |141/RVNCAHM                             |


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