RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060000597


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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) and
Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the PH and CIB should be added to
his record.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 July 1970, the date of his separation from active duty.
The application submitted in this case was received on 13 January 2006.

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 record shows that he enlisted in the Regular Army and
entered active duty on 5 July 1967.  He was trained in, awarded, and served
in military occupational specialty 71H (Personnel Specialist), and the
highest rank he attained while serving on active duty was specialist five
(SP5).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 23 November 1967 through
2 December 1968.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to the 4th Administration Company, 4th Infantry
Division, performing duties in MOS 71F (Postal Operations) as a postal
clerk.  Item 40 (Wounds) is blank, and the PH and CIB are not included in
the list of authorized awards contained in Item 41 (Awards and
Decorations).  The applicant last audited the DA Form 20 on 16 December
1969.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents that show he was ever recommended for, or
awarded the PH or CIB by proper authority while serving on active duty.
The MPRJ is also void of any medical treatment records that indicate he was
ever treated for a combat related wound while serving on active duty.

6.  On 2 July 1970, the applicant was honorably separated after completing
a total of 2 years, 11 months, and 28 days of active military service.  The
separation document (DD Form 214) he was issued shows that during his
tenure on active duty, he earned the following awards:  National Defense
Service Medal; Army Commendation Medal; Army Good Conduct Medal; Vietnam
Service Medal (VSM) with 2 bronze service stars; RVN Campaign Medal with 60
Device; Expert Qualification Medal with Rifle Bar; and 2 Overseas Bars.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Casualty Roster.  The applicant's name
was not included on this casualty list.

8.  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 awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound for which the award is being made was received
as a direct result of, or was caused by enemy action, the wound required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

9.  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 RVN campaign a member is credited with participating
in.  A silver service star is used in lieu of 5 bronze service stars to
denote participation in 5 campaigns.

10.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s tenure of assignment, campaign credit
was awarded for the Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.


11.  Chapter 8 of the awards regulation contains guidance on the CIB.  It
states, in pertinent part, that there are basically three requirements for
award of the CIB. The Soldier must have an infantry MOS, must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size, and must have actively participated
when the unit was engaged in active ground combat.  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 the infantry MOSs 11B, 11C, 11F, 11G, or 11H.

12.  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 his tenure of
assignment in the RVN, the applicant’s unit (4th Administration Company)
earned the Meritorious Unit Commendation (MUC), RVN Gallantry Cross with
Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and CIB was carefully
considered.  However, by regulation to support award of the PH, there must
be evidence that wound for which the award is being made was received as a
result of enemy action, that it required treatment by military medical
personnel, and a record of this treatment must have been made a matter of
official record; in addition, the governing regulation stipulates that to
support award of the CIB, a member must meet three basic requirements.
These requirements are that he must have held and served in an infantry
MOS, he must have served in active ground combat while assigned or attached
to an infantry unit of brigade, regimental or smaller size, and he must
have actively participated when the unit was engaged in active ground
combat.

2.  The applicant's MPRJ is void of orders, or other documents, that
indicate the applicant was ever recommended for, or awarded the CIB or PH
while serving on active duty.  There are also no medical treatment records
on file that indicate he was ever treated for a wound he received as a
result of enemy action while serving on active duty.

3.  The applicant's DA Form 20 confirms that during his combat tour in the
RVN, he was assigned to the 4th Administration Company performing duties in
MOS 71F as a postal clerk.  Item 40 is blank, which indicates he was never
wounded in action while serving on active duty, and the list of awards
contained in Item 41 does not include the PH and CIB.  He last audited this
record on 29 December 1969, more than a year after completing his RVN tour.
 In effect, this audit was his verification that the information contained
on the DA Form 20, to include Items 38, 40 and 41, was correct at that
time.

4.  In addition, the PH and CIB are not included in the list of awards
contained on his DD Form 214, and he authenticated this document with his
signature on the date of his separation.  In effect, his signature was his
verification that the information contained on the DD Form 214, to include
the list of awards, was correct at the time the document was prepared and
issued.  Therefore, absent any evidence of record that confirms the
applicant was wounded in action, or that he ever held or served in a
qualifying infantry MOS, the regulatory burden of proof necessary to
support award of the PH and CIB has not been satisfied in this case.

5.  The evidence of record shows the applicant should have discovered the
alleged error or injustice related to award of the PH and CIB now under
consideration on 2 July 1970, the date of his separation from active duty.
Thus, the time for him to file a request for correction of any error or
injustice expired on 1 July 1973.  He failed to file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

6.  The evidence of record does show that based on his service and campaign
participation in the RVN, he is entitled to the MUC, RVN Gallantry Cross
with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and 1 silver service star with his VSM.  The omission of these
awards from his separation document is an administrative matter that does
not require Board action.  Therefore, the Case Management Support Division
(CMSD), St. Louis, Missouri, will correct his record 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

___SLP _  ___RML _  __JGH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart or Combat Infantryman Badge.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

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 his entitlement to the Meritorious Unit Commendation,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver
service star with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these awards.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000597                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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