RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050005647


      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:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 the Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge, and that he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that his DD Form 214 does not show
that he received the Purple Heart.  He lost his left leg below the knee to
a land mine.  He also never received his Combat Infantryman Badge.  The
applicant adds that he was sent his Purple Heart in the mail.  He never
really cared about this omission. He had no guidance to submit other than
his DD Form 214 and most of his stuff about his injury should be in his
medical records.

3.  The applicant submits a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 22 December 1969.  The application submitted in this case is
dated 5 April 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 military records show he enlisted in the Regular Army
for 2 years on 26 November 1968.  He completed basic combat training at
Fort Benning, Georgia, and his advanced individual training at Fort Dix,
New Jersey.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 14 May 1969 through 28 June 1969,
with Company A, 1st Battalion, 52nd Infantry Regiment, 198th Infantry
Brigade.
5.  The applicant was honorably discharged, in the rank and pay grade,
Private First Class, for the purposes of permanent retirement for reasons
of physical disability, on 22 December 1969, under the provisions of Title
10, United States Code Section 1201.  At the time of his discharge, the
applicant had completed 1 year and 25 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The Purple
Heart and the Combat Infantryman Badge are not shown on the applicant's
DD Form 214.

7.  Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification
Record, is blank.  There is no entry in Item 41 (Awards and Decorations),
of the DA Form 20, showing he was awarded the Purple Heart or the Combat
Infantryman Badge.  There are no orders in his military personnel records
awarding him the Purple Heart or the Combat Infantryman Badge.

8.  Item 38 (Record of Assignments), of the DA Form 20, shows the applicant
was medically evacuated to the Medical Holding Company, 106th General
Hospital, in a patient status, on 6 June 1969 and, he was further medically
evacuated to the Medical Holding Company, US Army Hospital, Fort Gordon,
Georgia, on 28 June 1969.

9.  A Western Union telegram, on file in the applicant's service personnel
records, dated 17 June 1969, addressed to his parents, states that the
applicant had been wounded in action in Vietnam on 31 May 1969 by fragments
from a booby trap while in a night defensive position.  He received wounds
to his left foot, which at the time were not considered to be serious, and,
he had elected not to have them notified; however, on 14 June 1969, his
left foot was amputated due to the wounds he received.  His parents were
notified that he was being medically evacuated to Japan and evacuation to
the United States was contemplated but the date was as yet undetermined.

10.  The applicant's name appears on the Vietnam Casualty List.

11.  The applicant was authorized issuance of the Purple Heart in a DA Form
1577, Authorization for Issuance of Awards, prepared and distributed by the
Reserve Components Personnel and Administration Center, St. Louis,
Missouri, on 19 October 1984.

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

13.  While in Vietnam, the applicant participated in two campaigns of the
Vietnam War:  the Tet 69 Counteroffensive, which extended from 23
February through 8 June 1969; and the Vietnam Summer-Fall 1969,
which extended from 9 June through 31 October 1969.

14.  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 that the
unit the applicant, a subordinate unit of the United States Army,
Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO
Number 8, dated 1974, while he was a member of the unit.  This unit award
is not shown on the applicant's DD Form 214.

15.  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.

16.  AR 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.

17.  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.

18.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
the applicant earned the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar [M-16 Rifle], on 14 March 1969.  This marksmanship
qualification badge is not shown on his DD Form 214.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was wounded in action as a result of
enemy action on 31 May 1969 and was discharged and placed on the
permanently disabled retired list due to permanent physical disabilities
resulting from these wounds, on 22 December 1969.

2.  The applicant was authorized issuance of the Purple Heart on 19 October
1984 and, despite the absence of orders awarding him the Purple Heart, he
is entitled to have the Purple Heart added to his DD Form 214.

3.  The evidence shows the applicant held and served  in  the  MOS  11B,  he
was assigned to an infantry unit of brigade,  regimental  or  smaller  size,
and was wounded as a result of enemy action.   He  was  medically  evacuated
from Vietnam to Japan and further evacuated to the United  States.   He  was
awarded the Purple Heart for these wounds.   He  is  therefore  entitled  to
award of the Combat Infantryman Badge and to have it added to  his  DD  Form
214.

4.  The Vietnam Service Medal appears on the applicant's DD Form 214;
however, it does not show the two bronze service stars to which the
applicant is entitled for his campaign participation.  He is therefore
entitled to award of the Vietnam Service Medal, with two bronze service
stars, and to have this award added to his DD Form 214.

5.  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.
6.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar.  This marksmanship qualification badge is
not shown on his DD Form 214.  He is entitled to have it added to his DD
Form 214.

BOARD VOTE:

_JBM __  _TSK____  __RLD___  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Combat Infantryman Badge and the
Vietnam Service Medal, with two bronze service stars, and adding these
awards to his DD Form 214;

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

      d.  adding the already-awarded Purple Heart and the Marksman
Marksmanship Qualification Badge, with Automatic Rifle Bar, to the
applicant's DD Form 214.





            ___Ted S. Kanamine____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015 Purple Heart                   |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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