RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050004706


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) with a date of 30
March 1968, be corrected to show award of the Purple Heart, the Combat
Infantryman Badge, the Good Conduct Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that when he was shipped to the 2nd
Battalion, 327th Infantry of the 101st Airborne Division in Vietnam during
July 1966, he had the Military Occupational Specialty (MOS) 94B20 (Cook).
The applicant adds that shortly after arriving in Vietnam, he wrote to
President Lyndon B. Johnson, requesting that his MOS be changed to a
Infantry (MOS-11).  The applicant states that, as a result of his letter,
he was transferred to an Anti-Tank Platoon of the 2nd Battalion, 327th
Infantry, and his MOS was changed to 11H10.  The applicant refers to
Separation Orders Number 89, dated 29 March 1968, from the U.S. Army
Personnel Center, Fort Dix, New Jersey.  The applicant points out that this
Separation Orders Number 89, shows that he will perform the duties of
assisting the line companies, artillery units and convoys.

3.  The applicant adds that in September 1966, while performing a sweep of
a village, one of the riflemen tripped a booby trap, which killed two
"individuals" and wounded him in the right shoulder, neck and right chest.
The applicant points out that this incident should be documented in his
service military record and unit daily report.  He continues by saying that
he was evacuated to a "MASH/First Aid Unit, where he was treated for his
wounds and returned to his infantry outfit.

4.  The applicant provides in support of his application a copy of his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge), effective date 30 March 1968; a detailed letter of his military
history, dated 16 March 2005, a copy of a letter from the National
Personnel Records Center, St. Louis, Missouri, dated 2 September 2004; a
copy of whose Special Orders Number 89, dated 29 March 1968, a copy of his
certificate for award of the Army Commendation Medal, dated 21 July 1967,
and four copies of 3x5 photographs, dated March 1967 and September 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 March 1968, the date of his separation from active duty.
The application submitted in this case is dated 16 March 2003.

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’s military records show that he enlisted in the Regular
Army on 31 March 1965.  He completed training and was awarded military
occupational specialty (MOS) 94B20 (Cook).  He was then transferred to
Basic Airborne Training at Fort Benning, Georgia.  On 12 July 1966, after
completion of his airborne training, he was further assigned to the 2nd
Battalion (Airborne), 327th Infantry, in Vietnam.  He served overseas in
Vietnam from 12 July 1966 through 11 July 1967.  The applicant was
honorably discharged from active duty on 30 March 1968.  He was credited
with 3 years of active military service and has no lost time.  The highest
grade he attained was private first class/ pay grade E-3.  He was then
assigned to the United States Army Reserve (USAR) Control Group.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form
214 shows that he was authorized the National Defense Service Medal, the
Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal with 60 Device, the Parachute Badge.  It does not show the
award of the Purple Heart, the Combat Infantryman Badge, the Good Conduct
Medal or the Army Commendation Medal.

5.  Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 shows that on 31 July 1965, the applicant was assigned the principal
duty in MOS 94B2P as a Cook.  The applicant's record also shows a secondary
MOS of 11H20 (Infantry, Direct Fire Crewman) effective 4 September 1968.

6.  Item 38 of the applicant's DA Form 20 also shows that all of his
recorded conduct and efficiency ratings were not excellent throughout his
tour of service.





7.  Item 40 (Wounds) of the applicant's DA Form 20 shows that he received
fragment wounds to his face, arm and back on 28 September 1966.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form
20 (Enlisted Qualification Record) does not show award of the Purple Heart,
the Combat Infantryman Badge, the Good Conduct Medal or the Army
Commendation Medal.

9.  The applicant provides in support of his application a letter from the
National Personnel Records Center, St. Louis, Missouri, dated 2 September
2004 for verification of awards.  The National Personnel Records Center
verified that the applicant was not entitled to the Purple Heart, the
Combat Infantryman Badge, the Good Conduct Medal and the Army Commendation
Medal.  However, the Personnel Records Center found that the applicant's DD
Form 214 should include the Parachutist Badge-Basic.

10.  The applicant provides a copy of U.S. Army Personnel Center Special
Orders Number 89, dated 29 March 1968, which shows that he was released
from active duty and transferred to the USAR Control Group to hold the MOS
11H10 (Infantry Direct Fire Crewman), effective 30 March 1968.

11.  The applicant provides a certificate of award for the Army
Commendation Medal for Meritorious Service in the Republic of Vietnam for
the period from 20 July 1966 through 17 July 1967, dated 21 July 1967.

12.  The applicant provides four pictures which show him poising next to a
machine gun, lying down and standing up while holding a rifle.

13.  The applicant's military service records do not contain any orders
awarding the applicant the Purple Heart, the Combat Infantryman Badge or
the Good Conduct Medal.

14.  Review of the applicant's personnel records indicate that he is
entitled to additional awards that are not shown on his DD Form 214.

15.  Headquarters, 1st Brigade of the 101st Airborne Division, General
Orders Number 1503, dated 21 July 1967, awarded the applicant the Army
Commendation Medal for reason of meritorious service while in Vietnam.




16.  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, to which
the applicant was assigned, the 2nd Battalion, 327th Infantry of the 101st
Airborne Division was cited for award of the Meritorious Unit Commendation
for actions during the period 29 July 1965 through 1 October 1966 by
Department of the Army General Orders Number 17, dated 1968 [amended].

17.   Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) also shows that the unit, to which the
applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation for actions during the period 1
July through 31 July 1966 and 9 December 1966 through 18 January 1967, by
Department of the Army General Orders Number 21, dated 1969.

18.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is
authorized for all members of the armed forces who served in Vietnam or its
contiguous waters or airspace during the period 3 July 1965 through 28
March 1973.  Service on temporary duty must have been for 30 consecutive
days or 60 nonconsecutive days.  The regulation also lists the designated
campaign periods for which a bronze service star is authorized for wear on
the Vietnam Service Medal.

19.  The applicant is also entitled to two bronze service stars for wear on
his Vietnam Service Medal for his participation in the Counteroffensive
Phase II, ending 31 May 1967 and Counteroffensive Phase III, ending on 29
January 1968.

20.  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, and the medical treatment must have been made a matter of
official record.  There is no statute of limitations governing requests for
award of the Purple Heart.

21.  Army Regulation 600-8-22 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 (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.

22.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

23.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the award of the Purple
Heart.

2.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.

3.  Further, the available medical evidence in the applicant's service
record shows on 28 September 1966, the applicant accidentally injured
himself while burning various trash articles in an open fire which
exploded.  The applicant's service record shows that he was treated for
fragment wounds to his face, arm and back as a result of the explosion and
returned to duty.  There was no indication that his injuries were received
as a result of hostile enemy action or enemy forces.

4.  In the absence of evidence to the contrary, there is insufficient basis
for award of the Purple Heart in this case.

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

6.  Evidence of record shows that the applicant was not awarded an infantry
MOS.  The applicant's DA Form 20 shows that he was in fact assigned to
principal duties as a Cook while station in Vietnam.

7.  Army Regulation 600-8-22 states that the Combat Infantryman Badge was
awarded to infantry officers and to enlisted and warrant officer persons
who have an infantry MOS.  They must have served in an infantry duty
position in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

8.  Although the applicant was assigned to an infantry unit of regimental
or smaller size, his principal duty was “Cook” not serving as an
infantryman.  The applicant, provided a copy of U.S. Army Personnel Center,
Fort Dix, New Jersey, Special Orders Number 89, dated 29 March 1968.  These
orders show that upon the applicant's transfer to the USAR Control Group he
would be assigned MOS (11H10).

9.  Evidence of record shows in item 22 of the applicant's DA Form 20, that
he was awarded secondary MOS of 11H20 (Infantry, Direct Fire Crewman),
effective 4 September 1968.  Based on the facts in this case, the applicant
had been released from active duty when placed in MOS 11H10.  Therefore,
the applicant did not hold an infantry MOS at the time he served in
Vietnam.  In view of these facts, the there is insufficient basis for award
of the Combat Infantryman Badge in this case.

10.  The applicant contends that he is entitled to award of the Good
Conduct Medal.

11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  Although, the applicant had one act of indiscipline
action, he continued to distinguish himself by his conduct and efficiency
ratings of “excellent”.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 Therefore, the applicant is entitled to the first award of the Good
Conduct Medal for the period September 1965 through 30 March 1968 based on
completion of a period of qualifying service of less than three years, but
more than one year, ending with the termination of a period of Federal
military service.  He is also entitled to correction of his records to show
this award.

12.  The applicant contends that he is entitled to award of the Army
Commendation Medal.

13.  The applicant's personnel records show he was awarded the Army
Commendation Medal; however, this award is not annotated on his DD Form
214.  Therefore, the applicant is entitled to have his DD Form 214
corrected to show the award of the Army Commendation Medal.

14.  The applicant is entitled to award of the Meritorious Unit Citation
based on Department of the Army General Orders Number 17, dated 1968.
Therefore, he is entitled to correction of his DD Form 214 to show this
unit award.

15.  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 21, dated 1969.  Therefore, he is entitled to
correction of his DD Form 214 to show this unit award.

16.  Records show that the applicant is entitled to two bronze service
stars to be worn on the Vietnam Service Medal based on his participation
during two campaign periods.  These awards should also be listed on his DD
Form 214.

17.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 March 1968, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 29 March
1971.  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 FULL RELIEF

_MM____  _JBG___  _JTM____  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 showing he was awarded
the first award of the Good Conduct Medal, the Army Commendation Medal, the
Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and two bronze service stars to be affixed to his
Vietnam Service Medal.

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 and the Combat Infantryman Badge.






                __Melvin H. Meyer____
                    CHAIRPERSON
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