RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002552


      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. James Anderson                |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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, he be awarded the Combat Infantryman
Badge, the Air Medal, and the Purple Heart, and that they be added to his
DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he performed infantryman duties
in Vietnam. He was inserted into combat zones by helicopter and was
wounded by shrapnel in Vietnam.  He added he would like for the Board to
consider his request for these awards.

3.  The applicant entered in his application he was submitting a copy of
his DD Form 214, a copy of his 201 File, and a PTSD Questionnaire in
support of his request; however, none of these documents were received with
his application to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 28 January 1970, the date of his release from
active duty.  The application submitted in this case is dated 6 December
2005, but was received for processing on 21 February 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 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 records show he was inducted into the Army of the
United States on 29 April 1968.  He completed basic combat training and his
advanced individual training at Fort Polk, Louisiana.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 94B (Cook).

4.  The applicant served in Vietnam from 13 March 1969 through 27 January
1970, with Company A, 7th Support Battalion, 199th Light Infantry Brigade.
5.  The applicant was honorably released from active duty, on 28 January
1970, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Five/E-5.  On the date he was released from active duty, he had completed 1
year and 9 months active military service, with no days lost.

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 Army Commendation Medal, the Good Conduct Medal,
the National Defense Service Medal, the Vietnam Service Medal, and the
Republic of Vietnam Campaign Medal.  The Purple Heart, the Air Medal, and
the Combat Infantryman Badge are not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart, the Combat
Infantryman Badge, and the Air Medal.

9.  There is no entry in Item 38 (Record of Assignments), of the
applicant's DA Form 20, to show he was ever directly assigned to an
infantry unit of brigade, regimental or smaller size subordinate to the
199th Light Infantry Brigade.  The applicant's DA Form 20, Enlisted
Qualification Record, shows he was assigned to the 7th Support Battalion
throughout the period of his assignment in Vietnam.  The sole duty MOS
recorded in Item 38, of the applicant's DA Form 20, is that of, "Cook."

10.  There are no orders and the applicant's records do not show he was
ever awarded an infantry MOS either before his service in Vietnam or
while he served in Vietnam.

11.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge, the Air Medal, or the Purple
Heart.

12.  The applicant's name does not appear on the Vietnam Casualty List.

13.  A Standard Form (SF) 88, Report of Medical Examination, completed in
part by the applicant, during his separation physical examination, on 27
January 1970,
shows no evidence he sustained any wound in action while he served in
Vietnam. He was qualified for separation based on this medical
examination.

14.  A SF 89, Report of Medical History, completed largely by the
applicant during his separation physical examination, on 27 January 1970,
shows no entries to indicate that he sustained any wound in action during
his assignment to Vietnam.  There was no positive answer found to have
medical significance.  The applicant was qualified for separation based
on this medical examination.

15.  There are no orders in the applicant's service personnel records to
show he was placed on either crewmember or non-crewmember flying status.
There is no evidence the applicant ever performed duties which required
flying on a frequent or infrequent basis.  There is no evidence the
applicant was awarded the Aircraft Crewmember Badge.  There is no DA Form
759, Individual Flight Record and Flight Certificate-Army, in his service
personnel records to indicate that he accumulated any hours in flight while
he was in Vietnam as either a crewman or non-crewmember.

16.  The applicant's DD Form 214 shows the applicant was awarded the Army
Commendation Medal; however, this entry is incorrect.

17.  The applicant was awarded the Army Commendation Medal, for
meritorious achievement, for the period 12 March 1969 to 12 August 1969,
by General Orders Number 1725 published by Headquarters, 199th Light
Infantry Brigade, on 17 October 1969.  The Army Commendation Medal, is
shown on the applicant's DD Form 214; however, he was also awarded the
Army Commendation Medal (First Oak Leaf Cluster), for meritorious
achievement, for the period 13 August 1969 to 12 January 1970, by
General Orders Number 2367, published by Headquarters, 199th Light
Infantry Brigade, on 13 December 1969; and the Army Commendation Medal
(Second Oak Leaf Cluster), for meritorious service, for the period March
1969 to January 1970, by General Orders Number 2358 published by
Headquarters, 199th Light Infantry Brigade, on 12 December 1969.  The
award should appropriately have been shown on the applicant's DD Form
214 as the Army Commendation Medal, with two oak leaf clusters.

18.  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.
19.  While in Vietnam, the applicant participated in three campaigns of the
Vietnam War:  the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from
9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970.

20.  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 the unit
the applicant was assigned to was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968
through 31 July 1970, by Department of the Army General Order (DAGO)
Number 51, dated 1971; the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, for the period 12 December 1966 through 31
August 1970, by DAGO 51, dated 1971; and the Meritorious Unit
Commendation, for the period 1 January 1969 through 30 June 1970, by DAGO
Number 50, dated 1971.  These unit awards do not appear on the
applicant's DD Form 214.  The applicant was assigned to this unit at the
time the unit was cited for these unit awards.

21.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 25, Paragraph
16, published by Headquarters, 2nd Armored Division, Fort Hood, Texas, on
23 January 1969.

22.  The applicant served eleven months in Vietnam, counting the month of
his arrival in Vietnam and the month of his departure from Vietnam.

23.  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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

24.  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.
25.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

26.  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.

27.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify the applicant was wounded as the result of hostile
action, the wound must have required medical treatment, and the medical
treatment must have been made a matter of official record.

2.  There is no evidence, and the applicant provided none, to show he was
wounded as a result of hostile action.  The applicant's records are void of
any indication he was wounded while he served in Vietnam.

3.  In his application, the applicant stated shrapnel wounded him when he
was inserted into a combat zone by helicopter.  A search of the Vietnam
Casualty List failed to reveal he received treatment for shrapnel or other
wounds while he served in Vietnam.

4.  The SF 88 and 89 the applicant partially completed in his own hand, in
preparation for his release from active duty, has no indication he was
wounded in action in Vietnam.  The examining physician added no comments to
these forms while he processed the applicant for his release from active
duty to indicate he had sustained a wound while he served in Vietnam.

5.  Based on the available evidence, the applicant is not entitled to award
of the Purple Heart and to have it added to his DD Form 214.

6.  To be awarded the Combat Infantryman Badge, a Soldier must have held an
infantry MOS and served in that MOS in active ground combat while assigned
or attached to an infantry unit of brigade, regimental, or smaller size.

7.  The evidence shows the applicant did not hold an infantry MOS.  He was
classified and held the MOS 94B.  The applicant's records show he performed
the duties of a cook throughout the time he was assigned to a support unit
of the 199th Light Infantry Brigade while he served in Vietnam.

8.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman Badge, and to have it added to his DD Form 214.

9.  The applicant was awarded three Army Commendation Medals, in effect,
the Army Commendation Medal, with two oak leaf clusters, while he served in
Vietnam.  Only one Army Commendation Medal is shown on his DD Form 214.  He
is entitled to have this award correctly shown on his DD Form 214.

10.  There is no evidence in the applicant’s service personnel records to
show he was placed on either crewmember or non-crewmember flying status.
There is no evidence the applicant ever performed duties which required
flying on a frequent or infrequent basis.  There is no evidence the
applicant was awarded the Aircraft Crewmember Badge, and there is no DA
Form 759, Individual Flight Record and Flight Certificate-Army, in his
service personnel records to indicate that he accumulated any hours in
flight while he was in Vietnam as either a crewmember or non-crewmember;
therefore, without evidence to support his contention he is entitled to
award of the Air Medal, the applicant is not entitled to award of the Air
Medal and to have it added to his DD Form 214.

11.  The applicant served in three campaigns while he served in Vietnam.
He is therefore entitled to award of three bronze service stars to be
affixed to his Vietnam Service Medal to denote his campaign participation
credit.  He is entitled to have the Vietnam Service Medal, with three
bronze service stars shown on his DD Form 214.
12.  The applicant served in a unit, which was awarded the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar.  This marksmanship qualification badge is not shown
on the applicant’s DD Form 214.  He is entitled to have this badge added to
his DD Form 214.

14.  The applicant served in Vietnam for 11 months, including the month of
his arrival in and the month of his departure from Vietnam.  He is
therefore entitled to award of one overseas service bar and to have this
bar added to his DD Form 214.

15.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

16.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 January 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:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___A____  __TR____  _MBL___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR’s three-
year statute of limitations 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.

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 by:

      a.  deleting the Army Commendation Medal and the Vietnam Service
Medal from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and one overseas service bar, and adding these awards
to his DD Form 214;

      c.  awarding the applicant; the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
and adding these unit awards to his DD Form 214; and

      d.  adding the already-awarded Army Commendation Medal, with two oak
leaf clusters, and the Sharpshooter Marksmanship Qualification Badge, with
Rifle Bar, to the applicant's DD Form 214.




                                  ____James E. Anderson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002552                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.   64                 |107.0018                                |
|4.   157                |107.0111                                |
|5.                      |                                        |
|6.                      |                                        |


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