RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003401


      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. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 (CIB).

2.  The applicant states, in effect, that he is receiving service connected
disability for scars resulting from a mortar attack which threw him into
concertina wire.  He states that he was treated at Rockason, Vietnam for
his injuries and received a Bronze Star Medal (BSM) for heroism but not the
CIB.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant's reconstructed records show that he enlisted in the Army
on  26 April 1971.  His primary military occupational specialty (PMOS) was
listed as 13A (Field Artillery).  He served in Vietnam from 20 September
1971 through      7 April 1972 and was honorably discharged on 7 March 1973
for immediate reenlistment.

2.  The applicant reenlisted on 8 March 1973 and was honorably discharged
on 14 May 1975.  His PMOS was listed as 13B (Field Artillery Crewman) and
his secondary military occupational specialty was listed as 63C (Track
Vehicle Mechanic).  The applicant's records show that he served 1 month and
19 days, from 10 December 1974 through 28 January 1975 in Vietnam.  His
last duty assignment was listed as A Battery, 4/42nd Field Artillery, APO
SF 96208.  Walter Reed Army Medical Center, Washington D.C. was listed as
his discharge installation.  The applicant's DD Form 214 states "Separated
from service on temporary records and Soldier's affidavit."

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
confirms that the applicant was awarded the Bronze Star Medal.  However,
there was no "V" device listed to indicate that he received the award for
heroism.

4.  There is no evidence of any general orders awarding the applicant the
Purple Heart.  There was no service or medical records available or
provided to the Board.

5.  The applicant's name is not listed on the Vietnam Casualty Roster.
6.  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.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.

7.  Army Regulation 600-8-22 also provides 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, 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.

8.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

9.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  The Department of the
Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) provides, in pertinent part, for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm to all individuals who served in
Vietnam between 20 July 1965 and    28 March 1973 in a unit which was
subordinate to Headquarters, United States Army Vietnam.  Although the
applicant’s unit of assignment was unknown, his unit would have been
subordinate to Headquarters, United States Army Vietnam.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the following campaigns:
Consolidation I, 1 July 1971 –   30 November 1971; Consolidation II, 1
December 1971 – 29 March 1972; and Vietnam Cease Fire, 30 March 1972 – 28
January 1973.





DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  It appears, from the applicant's DD Form 214, that he was
evacuated while assigned in Vietnam and reassigned to Walter Reed.
However, there are no medical records available which show that the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Vietnam.  In the absence of such evidence, there is
insufficient basis for award of the Purple Heart in this case.

2.  In reference to the applicant's request to be awarded the CIB, there is
no evidence in the available records to show that the applicant should be
awarded the CIB.  Military records show that the applicant was awarded
military occupational specialty 13B (Field Artillery Crewman) which is not
among those qualified for award of the CIB.  Additionally, there is no
evidence that the applicant served in an infantry specialty, served in an
infantry unit of regimental size or smaller in ground combat all of which
are required by regulation for award of the CIB.  In view of these facts,
there is insufficient basis for award of the Combat Infantryman Badge.

3. Evidence of record shows that although the applicant’s unit of
assignment was unknown, his unit would have been subordinate to
Headquarters, United States Army Vietnam and therefore, his unit would be
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
The applicant is entitled to correction of his records to show this foreign
unit award.

4.  Evidence also shows that the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___TH  __  __JI ____  __CD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to show award of the Purple Heart and
CIB.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Republic of Vietnam Gallantry Cross Unit Citation
with Palm; and the Vietnam Service Medal with three bronze service stars
affixed.





                                  _____Thomas Howard____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003401                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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