RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2005
      DOCKET NUMBER:  AR20050004839


      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. John Slone                    |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Larry Olson                   |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart and the Combat
Infantryman Badge.

2.  The applicant states he was injured by hostile fire during combat and
he served in primary military occupational specialty (MOS) 11B (light
weapons infantryman) while in Vietnam.

3.  The applicant provides a DD Form 214 and copies of service medical
records.
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 May 1970.  The application submitted in this case is dated 15 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 was inducted on 22 May 1968.  He successfully completed
basic combat training and advanced individual training in MOS 11B.  He
arrived in Vietnam on 20 October 1968.  He served in MOS 11B assigned to
Company A, 1st Battalion, 20th Infantry of the 11th Infantry Brigade in
Vietnam from
4 November 1968 through 24 January 1969.  He served in MOS 11B assigned to
Company C, 1st Battalion, 46th Infantry of the 198th Infantry Brigade from
25 January 1969 until he was wounded in action on 23 March 1969 and was
transferred to the United States on 10 April 1969 for further medical
treatment.  On 21 May 1970, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
one award of the Overseas Service Bar, the Good Conduct Medal, the Vietnam
Service Medal with two bronze service stars, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar, and the Marksman Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, the Vietnam Casualty Roster shows he was
wounded in action on 23 March 1969.

6.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

7.  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 (1st
Battalion, 20th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 2, dated 1971.

8.  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.

9.  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 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.



DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was
wounded in action on 23 March 1969 is accepted as sufficient evidence on
which to base award of the Purple Heart in this case.

2.  Evidence of record shows the applicant held an infantry MOS, served in
an infantry MOS while assigned to an infantry company in Vietnam, and was
wounded in action on 23 March 1969.  Therefore, there is sufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

3.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

4.  The applicant is entitled to award of the Vietnam Campaign Medal
because he qualified for award of the Vietnam Service Medal and was
evacuated prior to completing six months of service due to wounds resulting
from hostile action.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 21 May 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 20 May 1973.
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:

JS_____  PM______  LO______  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:


      a.  awarding him the Purple Heart for wounds received in action on
23 March 1969 in Vietnam; and

      b.  amending his DD Form 214 to add award of the Purple Heart and to
show that he was awarded the Combat Infantryman Badge, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Campaign
Medal.




            ____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004839                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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