RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003513


      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. John Slone                    |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Larry 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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) list the following awards:  Air
Medal, Army Commendation Medal (ARCOM), Purple Heart (with oak leaf
cluster), Army Good Conduct Medal (AGCM), Combat Infantry Badge (CIB),
National Defense Service Medal (NDSM), Army Service Ribbon, Vietnam Service
Medal (with 2 bronze stars), Armed Forces Expeditionary Medal, Vietnam
Campaign Medal, Presidential Unit Citation (PUC), Army Valorous Unit Award,
and the Meritorious Unit Commendation.  He also requests that his DD Form
214 shows his training in military occupational specialty (MOS) of 05C
(radio teletype operator) and Special Forces.  Additionally, he requests
that his DA Form 20 (Enlisted Qualification Record) be changed to show his
correct Vietnam Service.

2.  The applicant states that while he was assigned to the Special Forces
Training Group, Fort Bragg, North Carolina, he received training in 05C and
Special Forces which is not indicated on his records.  He also states that
his Vietnam service dates of 20 May 1965 to 19 May 1966, as listed on his
          DA Form 20, are incorrect.

3.  The applicant said that he was provided a DD From 1577 from the
Personnel Center in St. Louis, which indicates that he was awarded four
awards that were not placed on his DD Form 214.  The applicant admitted
that he volunteered to fly security on an aircraft while in Vietnam.  As an
incentive for the risk involved, the commander promised that the volunteers
would receive the Air Medal.

4.  In reference to the two awards of the Purple Heart, the applicant
maintains that the first award was for an injury he received by an enemy
punji trap to his lower left leg after returning from a combat patrol.  He
received medical treatment at the aid station because he had to go on
patrol the following day.  The applicant states that his unit commander
awarded him the Purple Heart.  The second Purple Heart was awarded to him
while he was assigned to the 1st Air Calvary.  He said that he was blown
out of his bunker by an incoming mortar attack on the base camp, in which
he suffered a loss of hearing in his left ear.  The applicant said he
complained to his platoon sergeant to no avail. Two weeks following that
event, the applicant said that his position was attacked and a grenade
exploded in his foxhole.  He received eleven pieces of shrapnel in his mid
lower back and blood was coming from his left ear.  The applicant reported
to the field aid station after returning to the base camp.  He said the
medic gave him aspirins and told him if his condition did not improve in a
couple of weeks to return.  The applicant maintains that his commander said
that he would receive the Purple Heart for his wounds.
5.  The applicant provides his DD Form 214 and a 4 page attachment to his
application to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Air Medal and ARCOM.  There are no orders or other evidence authorizing
award of these decorations.  In the absence of a proper award authority for
these decorations, the applicant may request award of the Air Medal and
ARCOM under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for these decorations under Section 1130 and, as a
result, it will not be discussed further in the Record of Proceedings.

2.  Records show that the applicant enlisted in the Regular Army on
          25 July 1963.  After completion of basic and advanced individual
training, he was awarded MOS 11B (Light Weapons Infantryman).  He served in
the Republic of Vietnam from 20 May 1965 through 9 May 1966.  While in
Vietnam, the applicant was assigned to the 765th Transportation Battalion
and later reassigned to Company A, 13th Signal Battalion where he served as
a 05C.  The applicant had 2 years, 9 months, and 20 days of credible
service at the time of separation.  The applicant was honorably discharged
on 14 May 1966.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows award of the Vietnam Service Medal, Parachute Badge, and the Overseas
Bar.  This document does not show award of the Purple Heart.  The applicant
authenticated this document at the time of his separation from the Army.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows no entries of any
wounds received.  Item 41 (Awards and Decorations) does not show award of
the Purple Heart.

5.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.

6.  The applicant's name is not listed on the Vietnam Casualty Roster.



7.  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.

8.  There are no records of nonjudicial punishment or any type of adverse
actions contained in the applicant's records.  The applicant’s DA Form 20
verifies that he was rated “excellent” in conduct and efficiency during his
term of service.

9.  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 11 November 1956 was not disqualifying.

10.  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.  Additionally, U.S. Army Vietnam Regulation
Number 672-1 (Awards and Decorations), provided, in pertinent part, for
award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this
regulation listed positions which qualified for award of the Combat
Infantryman Badge.  The regulation authorized award of the Combat
Infantryman Badge to radio operators provided their primary duty was to
accompany infantry or infantry-type units on tactical operations.




11.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 1 January 1961 through 14 August 1974 inclusive.

12.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981.  This
regulation states, in pertinent part, that effective 1 August 1981, all
members of
the Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award upon successful completion of initial
entry training.  The award may be awarded retroactively to those personnel
who completed the required training before 1 August 1981 provided they had
an Active Army status on or after 1 August 1981.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in two 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 Vietnam Defense Campaign
and the Vietnam Counteroffensive.

14.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  Paragraph 2-13d specifically provides that
individuals qualified for the Armed Forces Expeditionary Medal for service
in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain
qualified for that medal.  Upon request, a unit personnel officer may award
the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal,
but the regulation requires that the Armed Forces Expeditionary Medal be
removed from the records of the individual.  No person will be entitled to
both awards for Vietnam Service.

15.  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.

16.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
which served in the Vietnam War.  This document shows the unit, 13th Signal
Battalion, to which the applicant was assigned, was cited for award of the
Meritorious Unit Commendation, for actions during the period September 1965
through        March 1967 by Department of the Army General Orders Number
17, dated 1968. There is no indication that either of the applicant’s units
in Vietnam was awarded a Presidential Unit Citation or the Valorous Unit
Award while he was assigned.

17.  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.

18.  Army Regulation 640-2-1 establishes the policies and provisions for
the maintenance of Army military personnel files.  The DA Form 20 used
during the former service member’s period of military service, and
subsequently replaced by the DA Form 2-1 (personnel qualification record),
are management tools used by military commanders and personnel manager to
effectively manage a soldier’s career.  The forms are not intended to be a
historical record of a soldier’s career nor intended for use outside, or
beyond, an individual’s military service.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  There are no medical records available which show the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Vietnam.  Therefore, in the absence of medical
records supporting the applicant's contention, there is an insufficient
basis for award of the Purple Heart in this case.

2.  Evidence of record shows that the applicant had 2 years, 9 months, and
      20 days of credible service at the time of discharge.  There is no
evidence of any type of adverse action contained in the applicant’s
records.  Additionally, his     DD Form 20 shows that he was rated
“excellent” in conduct and efficiency.  Therefore, his records should be
amended to show award of the AGCM.
3.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
ground combat, which is required by regulation for award of the CIB.  In
view of this fact, there is insufficient basis for award of the CIB.

4.  Review of the applicant’s records confirms that he enlisted in the Army
on      25 July 1963 and was honorably discharge on 14 May 1966.  Based on
the requirements for the award of the NDSM, the applicant is entitled to
this award.

5.  The Army Service Ribbon was not established until 10 April 1981, which
was 15 years after the applicant was discharge.  This award is not awarded
retroactively to that period of time.  Therefore, the applicant is not
entitled to this award.

6.  Evidence of record shows that the applicant participated in two
campaigns during his service in Vietnam.  Therefore, he is entitled to
correct his records to show award of two bronze service stars to be worn on
his Vietnam Service Medal.

7.  The regulation prohibits the award of the Armed Forces Expeditionary
Medal and the Vietnam Service Medal for Vietnam Service.  Record shows that
the applicant was awarded the Vietnam Service Medal and therefore, he is
not entitled to the Armed Forces Expeditionary Medal.

8.  Records show that based upon the applicant’s qualifying service in
Vietnam; he is entitled to the award of the Vietnam Campaign Medal.

9.  Evidence of record shows that the applicant was assigned to two units
during his tour in Vietnam.  The 13th Signal Battalion was awarded the
Meritorious Unit Commendation.  However, neither the 13th Signal Battalion
nor the 765th Transportation Battalion was awarded the Presidential Unit
Citation or the Army Valorous Unit Award during the applicant’s tour.
Therefore, the applicant is not entitled to the Presidential Unit Citation
or the Army Valorous Unit Award but, he is entitled to the award of the
Meritorious Unit Commendation.

10.  Additionally, evidence of record shows that the applicant is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



11.  The applicant contends that his DD Form 214 should list his training
in MOS 05C and Special Forces.  Although the records indicate that the
applicant performed duties as a 05C, there is no indication that he
attended a course in 05C or Special Forces. In order to justify correction
of a military record the applicant must show, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The
applicant has failed to submit evidence that would satisfy that
requirement.

12.  The applicant requests that his Vietnam Service dates be changed on
his   DA Form 20.  The Board acknowledges that this form was never intended
to be a historical record of an individual’s career and was merely utilized
by military personnel in the management of a Soldier’s career while that
Soldier was in an active status.  Correcting unclear information or adding
entries years after the fact serves no useful military purpose and as such
the Board contends that the lack of information or unclear information, on
the form does not indicate or create an error or injustice in an
individual’s records and as such does not require correction by the Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  __PM ___  __LO ___  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:

     a. by awarding him the AGCM; and

      b.  by showing he is entitled to the National Defense Service Medal,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, Vietnam Campaign Medal, and the Vietnam Service Medal
with two bronze service stars affixed.


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
the Purple Heart, the Combat Infantry Badge, Army Service Ribbon, Armed
Forces Expeditionary Medal, President Unit Citation, and the Army Valorous
Unit Award.




                            ______  John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003513                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|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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