RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 December 2005
      DOCKET NUMBER:  AR20050003573


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) to show award of the Good Conduct Medal,
the Combat Infantryman Badge, the Purple Heart, the Vietnam Service Medal
with four bronze service stars, the Expert Marksmanship Qualification Badge
with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Vietnam Campaign Medal.  He also requests that his
military occupational specialty (MOS) be changed to 11B (light weapons
infantryman).

2.  The applicant states he met the criteria for the Good Conduct Medal and
the requirements for the Combat Infantryman Badge.  He contends he was
assigned to infantry units in the 23rd Infantry Division and given the
basic on-the-job training in connection with infantry qualifications in
order to coordinate logistical activities/services on the front line as a
76Y40 (supply sergeant).  He also states he was in ground combat with
infantry units in Vietnam.  He further states he was wounded in the head by
a piece of scrap metal from an enemy artillery round.

3.  The applicant provides two applications, dated 28 February 2005; a copy
of his DD Form 214; a photograph of a man's head; orders, a citation, and
an award certificate for the Bronze Star Medal for meritorious service;
photographs depicting war scenes; and a letter, dated 26 July 2004, from
the National Personnel Records Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 November 1969.  The applications submitted in this case are dated
28 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 are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of a DD Form 214.

4.  The applicant was inducted on 1 February 1968.  His DD Form 214 shows
his MOS as 76Y.  Orders for the Bronze Star Medal show the applicant was
assigned to Troop B, 1st Squadron, 1st Cavalry in Vietnam during the period
November 1968 to November 1969.  On 14 November 1969, the applicant was
released from active duty.

5.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Bronze Star Medal, the Vietnam Service Medal, the Vietnam Campaign
Medal, two awards of the Overseas Service Bar, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar as authorized awards.
Since the Vietnam Campaign Medal is shown on the applicant's DD Form 214,
this portion of his request will not be discussed further in these
Proceedings.

6.  There are no orders for the Good Conduct Medal in the available
records.

7.  There are no orders for the Combat Infantryman Badge in the available
records.

8.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.  His name does not appear on the Vietnam
Casualty Roster.

9.  Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed
for Streamers) of Army Regulation 600-8-22 (Military Awards) shows the
inclusive dates for the Vietnam War campaigns.  This table shows that four
campaigns occurred between 1 November 1968 and 1 November 1969.

10.  There are no orders for the Expert Marksmanship Qualification Badge
with Rifle Bar in the available records.

11.  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 applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

12.  There is no evidence in the available records which shows the
applicant was awarded MOS 11B.

13.  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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

14.  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 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 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.

15.  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 the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

16.  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.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's service personnel records are not available,
there is insufficient evidence on which to base award of the Good Conduct
Medal in this case.

2.  There is no evidence of record which shows the applicant held an
infantry MOS or served in active ground combat while an assigned member of
an infantry unit of brigade or smaller size in Vietnam.  Therefore, there
is insufficient evidence on which to base award of the Combat Infantryman
Badge in this case.

3.  Although the applicant contends that he was wounded in the head by a
piece of scrap metal from an enemy artillery round, there is no evidence of
record which shows that the applicant was wounded or treated for any
injuries as a result of hostile action in Vietnam.  Therefore, there is
insufficient evidence on which to base an award of the Purple Heart in this
case.

4.  The applicant's inclusive dates of service in Vietnam are not
available.  However, since he was awarded the Bronze Star Medal for service
in Vietnam from November 1968 to November 1969, and Table B-1 of Army
Regulation 600-8-22 shows that four campaigns occurred between 1 November
1968 and
1 November 1969, it is reasonable to presume the applicant participated in
at least four campaigns during his assignment in Vietnam.  Therefore, his
DD Form 214 should be corrected to show award of the Vietnam Service Medal
with four bronze service stars.

5.  Since there are no orders for the Expert Marksmanship Qualification
Badge with Rifle Bar in the available records, there is insufficient
evidence on which to base award of this marksmanship badge.

6.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

7.  There is no evidence of record which shows the applicant was awarded
MOS 11B.  Therefore, there is no basis for granting the applicant's request
to change his MOS on his DD Form 214.

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






BOARD VOTE:

________  ________  ________  GRANT RELIEF

RD_____  _JG____  _SF_____  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 amending his DD Form
214 to show that he was awarded the Vietnam Service Medal with four bronze
service stars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

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 Good Conduct Medal, the Combat Infantryman Badge, the Purple
Heart, and the Expert Marksmanship Qualification Badge and to that portion
pertaining to changing his MOS.



            ___Richard Dunbar___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003573                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |.                                       |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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