RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050004686


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 records be corrected by showing that he
was awarded the Combat Infantryman Badge and three Purple Hearts [correctly
known as the Purple Heart (Second Oak Leaf Cluster)].

2.  The applicant states, in effect, that he sustained three different
injuries while he was stationed in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), an Army Commendation Medal
Certificate, an Army Commendation Medal Citation, and a photocopied page
which contains four black and white photographs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 August 1971, the date of his separation from active
duty.  The application submitted in this case is dated 22 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 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.  Records show that the applicant enlisted in the Regular Army on
30 September 1968 for a period of three years.  He completed basic training
and advanced individual training and was awarded military occupational
specialty 11E (Armor Crewman).  Records show that he served in Vietnam as
an armor crewman from 23 March 1969 through 22 April 1970 and was honorably
separated from active duty on 28 August 1971.

4.  The applicant's DD Form 214 does not show award of the Combat
Infantryman Badge.  There are no orders in the applicant’s service
personnel records which show that he was awarded the Combat Infantryman
Badge.  There are no orders or personnel records which show the applicant
was assigned to an infantry duty position during his service in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show in item 41 (Awards and Decorations) that he was awarded the Combat
Infantryman Badge.

6.  The applicant's DD Form 214 does not show award of the Purple Heart.
There are no orders in the applicant’s service personnel records which show
that he was awarded the Purple Heart.  There also is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.

7.  The applicant's DA Form 20 does not show any entry in item 40 (Wounds)
or list the Purple Heart in item 41 (Awards and Decorations).  The
applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant provided a one-page document that showed several black
and white photographs which depict military Soldiers and military actions.
However, these photographs do not clearly identify the applicant or show
that he was treated for wounds sustained as a result of hostile action.

9.  Review of the applicant's records indicate entitlement to additional
awards that are not shown on his DD Form 214.

10.  The applicant's DD Form 214 does not show award of the Army
Commendation Medal.  However, the applicant's DA Form 20 shows that
applicant was awarded the Army Commendation Medal by Headquarters XXIV
Corps General Orders Number 2175, dated 1969.  Additionally, the applicant
provided a copy of a Certificate and a Citation which show that he was
awarded the Army Commendation Medal, on 5 December 1696, for meritorious
achievement in the Republic of Vietnam during the period 23 March 1969
through 22 August 1969.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

12.  Department of the Army Pamphlet 672-3 also shows that the unit the
applicant was assigned to while serving in Vietnam, the 3rd Squadron, 5th
Cavalry of the 9th Infantry Division, was cited for award of the
Presidential Unit Citation for actions during the period December 10 May
1969 through 21 May 1969 by Department of the Army General Orders Number 9,
dated 1979.


13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Tet Counteroffensive campaign, the Vietnam Summer-Fall
campaign, and the Vietnam Winter Spring campaign.

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 military
occupational specialty (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, 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 672-5-1 (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 been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.

16.  Army Regulation 672-5-1 provides, in pertinent part, that the Purple
Heart is authorized for the first wound suffered under conditions indicated
above, but for each subsequent award an Oak Leaf Cluster will be awarded to
be worn on the medal or ribbon.  Not more than one award will be made for
more than one wound or injury received at the same instant or from the same
missile force, force, explosion, or agent.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.




2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he was awarded the Combat
Infantryman Badge.  Military records show that the applicant was awarded
the military occupational specialty 11E (Armor Crewman) which is not among
those qualified for award of the Combat Infantryman Badge in accordance
with Army Regulations.

3.  There is no evidence that the applicant served in an infantry
specialty, served in an infantry unit of regimental size or smaller in
ground combat all of which are required by regulation for award of the
Combat Infantryman Badge.  In view of these facts, there is insufficient
basis for award of the Combat Infantryman Badge.

4.  The applicant contends that he is entitled to award of the Purple Heart
(Second Oak Leaf Cluster).

5.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he was wounded or treated for
wounds that were sustained as a result of hostile action.  Additionally,
the applicant's name did not appear on the Vietnam Casualty Roster.
Therefore, there is no basis to grant the applicant's request for award of
the Purple Heart (Second Oak Leaf Cluster).

6.  General Orders show the applicant is entitled to award of the
Presidential Unit Citation during his service in Vietnam.  This award was
omitted from his DD Form 214.  Therefore, the applicant is entitled to
correction of his DD Form 214 to add the Presidential Unit Citation.

7.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign award.

8.  General Orders show that the applicant was awarded the Army
Commendation Medal which is not shown on his DD Form 214.  Therefore, he is
entitled to have his records corrected to show this award.

9.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore is eligible for award of three
bronze service stars to be affixed to his Vietnam Service Medal.



10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 August 1974.  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.

11.  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 3 of the Board
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RJW __  _RR___  __JEV____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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 to show award of the Combat Infantryman
Badge and the Purple Heart (Second Oak Leaf Cluster).








3.  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 the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Presidential Unit Citation, the Army Commendation
Medal and three bronze service stars to be affixed to his Vietnam Service
Medal.





                                    ___James E. Vick___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004686                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny w/note                             |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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