RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         10 November 2005
      DOCKET NUMBER:  AR20050004103


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, award of the Purple Heart (PH)
Combat Infantryman Badge (CIB), and Silver Star.

2.  The applicant states, in effect, that the enclosed recommendations for
the awards in question submitted by a senior medical corpsman (medic) of
his unit
(3rd Battalion, 187th Infantry Regiment, 101st Airborne Division) in the
Republic of Vietnam (RVN) outline the circumstances he believes entitles
him to these awards.

3.  The applicant provides recommendations for the awards in question
submitted by a senior medic from his unit in the RVN in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 25 October 1971.  The application submitted in this case
is dated
31 January 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 limitations 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 requests award of the Silver Star.  However, there are no
orders or other evidence on file in his Official Military Personnel File
(OMPF) that confirms he is entitled to this award.  In the absence of
authority for this award, he may request award of the Silver Star under the
provisions of Section 1130 of Title 10 of the United States Code (10 USC
1130).  The applicant has been notified by separate correspondence of the
procedures for applying for this award under 10 USC 1130.  As a result, his
request for award of the SS will not be discussed further in this Record of
Proceedings.

4.  The applicant's records shows he enlisted in the Regular Army on
4 December 1968, and that he continuously served on active duty in an
enlisted status until being honorably separated, in the rank of sergeant,
to accept a commission on 5 February 1970.
5.  On 6 February 1970, the applicant was appointed a second lieutenant and
remained on active duty in a commissioned officer status.  His Officer
Qualification Record (DA Form 66) shows he served in the RVN from 1 January
1971 through 21 October 1971.  It further shows that during his RVN tour,
he was assigned to Company D, 3rd Battalion, 187th Infantry Regiment, 101st
Airborne Division from 7 February 1971 through 3 July 1971, performing
duties in specialty number 1542 (Infantry) as an Infantry Platoon Leader.
He was also assigned to Headquarters and Headquarters Company (HHC) of the
same unit from 4 July 1991 through 19 October 1971, performing duties as
the S-4 (Logistics) officer in specialty 4010.

6.  The applicant’s DA Form 66 is void of any indication that he was ever
wounded in action, or that he was ever awarded the PH.  His Military
Personnel Records Jacket (MPRJ) contains no orders or other documents
indicating that he was ever wounded in action, or awarded the PH.  There
are also no medical treatment records on file in the MPRJ that indicate he
was ever treated for a combat related wound or injury.

7.  On 25 October 1971, the applicant was honorably discharged after
completing a total of 2 years, 10 months and 22 days of active duty
service.  The separation document (DD Form 214) he was issued at the time
confirms he earned the following awards during his tenure on active duty:
National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service
Medal (VSM), Parachutist Badge and Bronze Star Medal w/V Device.

8.  The applicant’s MPRJ includes an Officer Efficiency Report (DA Form 67-
6) that the applicant received for the period 1 December 1970 through 7
June 1971. The rater’s comments in this report confirm the applicant was an
infantry platoon leader operating under combat conditions.  He further
stated that the applicant’s platoon operated as a separate element and
under his leadership closed with and destroyed the enemy.

9.  The applicant provides award recommendations for the awards in question
from senior medic who served with him in the RVN.  The first recommendation
outlines the applicant’s heroic actions on or about 27 March 1971 in the
RVN, while their unit was engaged in a mission to recovering bodies from a
downed helicopter.  A second recommendation from the senior medic indicates
that on or about 19 March 1971, he was assigned to the main command post of
the applicant’s company.  He claims that around sundown of that afternoon,
they started receiving mortar fire from North Vietnamese Army (NVA)
regulars.  He states the first round that went off wounded the applicant
and the unit medic with shrapnel.  These wounds were not life threatening
and were treated in the field.  10.  In the first two recommendations, the
senior medic recommends the applicant receive the Silver Star and PH.  A
third unsigned recommendation states the applicant and another Soldier in
his unit earned entitlement to the CIB based on their service with 3rd
Battalion, 187th Infantry Regiment in the RVN, but never received the
award.

11.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among this official list of
RVN battle casualties.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

13.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns.  It
shows that during the applicant’s tenure of assignment in the RVN, campaign
credit was authorized for the Vietnam Counteroffensive Phase VII campaign.


14.  Chapter 8 of the award regulations contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel 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.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during the his
tenure of assignment in the RVN, the applicant’s unit (HHC, 3rd Battalion,
8th Infantry Regiment) earned the Presidential Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with
Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
recommendation he submitted were carefully considered.  However, by
regulation, in order to award the PH it is necessary to establish that a
Soldier was wounded as a result of enemy action, that the wound required
treatment by a medical officer, and that the record of medical treatment
was made a matter of official record.

2.  In this case, the evidence of record includes no indication that the
applicant was ever wounded/injured in action, or that he was ever treated
for a combat related wound/injury.  Further, his DA Form 66 contains no
indication that he was wounded in action, and his name is not included on
the Vietnam Casualty Roster, the official DA list of RVN battle casualties.


3.  The veracity of the applicant’s claim and of the information provided
in the supporting third-party statement recommending him for the PH is not
in question. However, absent any evidence of record to corroborate that he
was ever wounded in action, or treated for a combat related wound, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

4.  The applicant’s contention that he is entitled to the CIB was also
carefully considered and found to have merit.  His record confirms that
while in the RVN, he served in a qualifying infantry specialty in a
qualifying infantry unit.  Further, an OER on file confirms he was present
and participated in active ground combat with his unit in the RVN, which is
also evidenced by the fact he earned the BSM with “V” Device.  Therefore,
it would be appropriate to award the applicant the CIB and add it to his
record at this time.

5.  The record also shows that based on his RVN service and campaign
participation, the applicant is entitled to RVN Gallantry Cross with Palm
Unit Citation and 1 bronze service star with his VSM.  Therefore, it would
also be appropriate to add these awards to his record at this time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MKP     __LDS__  ___MJF _  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 awarding him the Combat
Infantryman Badge; by showing that based on his service and campaign
participating in the RVN, he is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and
1 bronze service star with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these changes.

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 Purple Heart.




                                  ____Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-10                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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