RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      13 December 2005
      DOCKET NUMBER:  AR20050004063


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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, that he be awarded the Purple Heart
and the Bronze Star Medal, with "V" Device.

2.  The applicant states, in effect, that he was put in for both and, he
never received either.

3.  The applicant submits statements signed by his platoon leader and the
senior medic for the unit, which outline the events, and which they believe
entitle the applicant to these awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 December 1971.  The application submitted in this case
is dated 20 November 2004, but was not received for processing until 18
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.  The applicant's platoon leader's request for award of the Bronze Star
Medal, with "V" Device, to the applicant, and to eleven other Soldiers, is
outside the statute of limitations on approval of award recommendations for
actions during the Vietnam War.  However, the applicant’s platoon leader's
request for this award can be considered under the provisions of Title 10,
United States Code, Section 1130, which governs consideration of awards not
submitted within time limits established by law.  The applicant and his
platoon leader must exhaust this remedy and therefore, this award will not
be discussed further in these Proceedings.

4.  The applicant’s military records show he was inducted into the Army of
the United States on 4 May 1970.  He completed basic combat training at
Fort Dix, New Jersey, and his advanced individual training at Fort Ord,
California.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

5.  The applicant served in Vietnam from 25 September 1970 through
20 September 1971, with Company D, 3rd Battalion, 187th Infantry
Regiment, 101st Airborne Division (Airmobile).

6.  The applicant was honorably released from active duty, on 22 December
1971, under the provisions of Army Regulation (AR) 635-200, separation for
other good and sufficient reason when determined by Secretarial Authority.
He was separated in the rank and pay grade of Sergeant, E-5.  On the date
he was released from active duty, he had completed 1 year, 7 months, and 19
days, active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the Bronze Star Medal; the Air Medal; the Good Conduct
Medal; the National Defense Service Medal; the Vietnam Service Medal, with
one bronze service star; the Republic of Vietnam Campaign Medal, with 60
Device; and the Combat Infantryman Badge.  The Purple Heart is not shown
as an authorized award on the applicant's DD Form 214.

8.  An entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted
Qualification Record, is blank.

9.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, shows
the applicant was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Army Commendation Medal, the Air Medal, the Bronze Star
Medal, the Republic of Vietnam Campaign Medal, and two overseas service
bars.  The Purple Heart is not shown.

10.  The applicant was awarded the Bronze Star Medal, for meritorious
service, by General Orders 8915, Headquarters, 101st Airborne Division
(Airmobile), dated 26 August 1971.  This award is shown on the applicant's
DD Form 214.

11.  The applicant was awarded the Army Commendation Medal, for meritorious
achievement, by General Orders 2850, Headquarters, 101st Airborne Division
(Airmobile), dated 6 April 1971.  This award is not shown on the
applicant's DD Form 214.

12.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.
13.  The applicant's name does not appear on the Vietnam Casualty List.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with one bronze service star; however, it does not show the correct
number of bronze service stars to which the applicant is entitled for his
campaign participation.

15.  While in Vietnam, the applicant participated in the following
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; and the Consolidation
I, which extended from 1 July through 30 November 1971.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which
lists unit awards received by units serving in Vietnam, shows the unit to
which the applicant was assigned was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 18 April
through 31 August 1971 and, for the period 6 through 19 September 1971,
by Department of the Army General Orders (DAGO) Number 6, dated 1974.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Grenade Bar, in Special Orders Number 177, Paragraph 83, published by
Headquarters, US Army Training Center, Infantry, Fort Dix, New Jersey, on
26 June 1970.

18.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 162,
Paragraph 1, published by Headquarters, 2nd Advanced Individual Training
Brigade, US Army Training Center, Infantry, Fort Ord, California, on 6
August 1970.

19.  A Standard Form (SF) 88, Report of Medical Examination, completed in
part by the applicant, during his separation physical examination, on 15
December 1971, shows no entries to indicate he sustained any wound in
action during his assignment in Vietnam.  He was qualified for separation
based on this medical examination.

20.  A SF 93, Report of Medical History, completed in part by the
applicant, during his separation physical examination, on 15 December 1971,
shows no
entries indicating he had sustained any wound in action during his
assignment to Vietnam.  Item 20, of this form, specifically asks, "Have you
ever had any illness or injury other than those already noted?  (If yes,
specify when, where, and give details.)"  The answer given to this item was
checked with the answer, "No."

21.  The statement provided by the unit medic states that, on about 24
November 1970, a bullet from enemy small arms fire struck the sights of the
applicant's weapon and fragments had gone in all directions.  He adds that
three men received wounds from the fragments.  These men were treated in
the field and were not sent to the rear since they were being extracted the
next morning.  He further states that the paperwork was turned in but there
was a problem getting paperwork through channels.

22.  The applicant's medical records are essentially intact.  A review of
these medical records determined that there were twenty medically-related
documents, including an induction and a separation physical examination, an
immunization record, dental x-rays, and eight SF 600s, Chronological Record
of Medical Care. These SF 600s have 36 separate entries documenting medical
care and treatment experienced by the applicant while he served.  These
entries have dates both before and after he was allegedly wounded in action
on 24 November 1970.  These entries relate to events as critical as a bite
from an unknown animal, believed to be a rat, to as simple as an upset
stomach.  None of the entries relate to follow-up treatment for the wounds
he allegedly received on 24 November 1970.

23.  A review of the unit's historical files, for the period 20 through 29
November 1970, was conducted at the National Archives, College Park,
Maryland.  This review failed to corroborate the medic's statement that
the applicant and two other Soldiers were allegedly wounded simultaneously
by the same enemy round.

24.  AR 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

25.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

26.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

27.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's and the medic's report
that he was wounded in action.  The medic's report and the applicant's
statement both lack an indication of the anatomical part of the body where
the applicant allegedly was wounded.

2.  The applicant's medical records, which are essentially in tact, were
reviewed for any evidence that he was wounded in action.  No evidence in
entries made both before the alleged date he was wounded and after this
date revealed any follow-up treatment.  There was a total absence of
information about these wounds on the applicant's separation physical
examination.

3.  The applicant's name does not appear on the Vietnam Casualty List.  A
search of unit files at the National Archives was conducted and the unit's
historical records failed to reveal any information that would support
their statements and request for award of the Purple Heart to the
applicant.  The applicant is therefore not entitled to award of the Purple
Heart and to have it added to his DD Form 214.

4.  The applicant was awarded the Army Commendation Medal, for meritorious
service, while he served in Vietnam.  This award is not shown on his DD
Form 214.  He is entitled to have this award added to his DD Form 214.
5.  The applicant served in two campaigns while in Vietnam.  He is
therefore entitled to award of the Vietnam Service Medal, with two bronze
service stars, as opposed to the Vietnam Service Medal, with one bronze
service star, currently shown on his DD Form 214.

6.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, while he was a member of the
unit.  This unit award is not shown on his DD Form 214.  He is entitled to
this unit award and to have it added to his DD Form 214.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Grenade Bar, and the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar.  These qualification badges are not shown on the
applicant's DD Form 214.  He is entitled to have these badges added to his
DD Form 214.

8.  The applicant served in Vietnam for 1 year.  He is therefore entitled
to award of two overseas service bars and to have these overseas service
bars added to his DD Form 214.

9.  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

__ALR____  __MM___  __SLP__  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 by:

      a.  deleting the Vietnam Service Medal, with one bronze service star,
from the applicant's DD Form 214;

      b.  adding the already-awarded Army Commendation Medal; the Expert
Marksmanship Qualification Badge, with Grenade Bar; and the Marksman
Marksmanship Qualification Badge, with Automatic Rifle Bar; to the
applicant's DD Form 214;

      c.  awarding and adding the Vietnam Service Medal, with two bronze
service stars, to the applicant's DD Form 214, to denote his service and
the correct number of campaigns he participated in while he served in
Vietnam;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      e.  awarding the applicant two overseas service bars and adding these
overseas service bars to his DD Form 214.




                            _____Shirley L. Powell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004063                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENIAL with NOTE                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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