RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 November 2005
      DOCKET NUMBER:   AR20050003445


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 Bronze Star
Medal.

2.  The applicant states, in effect, that he incurred a hearing loss as a
result of enemy hand grenade explosions during his tour of duty in Vietnam.
 In addition, the applicant is requesting award of the Bronze Star Medal,
based on receipt of the Combat Infantryman Badge.

3.  The applicant provides a copy of a detailed, self-authored account of
his tour of duty while in Vietnam and of his life upon his return.
Included with the account is a detailed photograph, indicating his fighting
position during a night attack by North Vietnamese forces.  He also
provides a copy of a news article summarizing awards received by a veteran
of World War II who was awarded the Bronze Star Medal as a result of award
of the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 14 March 1969.  The application submitted in this case is dated
21 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’s military records, while he was on active duty, are not
available to the Board.  The only records available are personnel and
medical records pertaining to the applicant while he was assigned to the
Illinois Army National Guard, subsequent to his active military service.
This case is being considered using reconstructed records, which primarily
consist of his DD Form 214 (Report of Separation From Active Duty) and the
evidence provided by the applicant.

4.  The applicant’s DD Form 214 shows he enlisted in the Regular Army on
15 January 1968 and served in Vietnam in Military Occupational Specialty
11B10 (Light Weapons Infantryman) with Company C, 3d Battalion, 8th
Infantry from 8 August 1968 to 12 March 1969.  He returned to Fort Lewis,
Washington where he was discharged under honorable conditions in pay grade
E-3 on 14 March 1969.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the following awards: the Vietnam Service Medal;
the National Defense Service Medal; the Republic of Vietnam Campaign Medal
with Device (1960); the Combat Infantryman Badge; and the Sharpshooter
Marksmanship Badge with Rifle, Automatic Rifle, and Machinegun Bars.  No
other awards or decorations are listed.

6.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There is no indication in the applicant’s medical
records that he was wounded, or treated for wounds, as a result of hostile
action.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

8.  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 would 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

10.  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 cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for the period October 1966 to 28 July 1969
by Department of the Army General Orders Number 3, dated 1970.  This
document also shows that the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
1 October 1966 to 31 October 1969 by Department of the Army General Orders
Number 53, dated 1970.

11.  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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase V; Vietnam
Counteroffensive Phase VI; and Tet 69 Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart and no
evidence that shows that he was wounded, or treated for wounds or injuries,
as a result of hostile action.  Therefore he is not entitled to award of
the Purple Heart or to correction of his records to show this decoration.

2.  While the evidence shows the applicant received the Combat Infantryman
Badge, he did not receive it during the period 7 December 1941 tp
2 September 1945.  Therefore, he is not entitled to award of the Bronze
star Medal, based on award of the Combat Infantryman Badge, or correction
of his records to show this decoration.

3.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in three campaigns.  As a result, he is entitled to
award of three bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 March 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 March 1972.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

7.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jrs___  ___ena __  ___tap__  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.

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 award of:
      a. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      b. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;

      c. three bronze service stars, to be affixed to the Vietnam Service
Medal.





            ________Thomas A. Pagan______________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003445                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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