RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060013536


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 award of the Bronze Star Medal, the Air Medal,
the Purple Heart, the Combat Infantryman Badge, and, in effect, all awards
for which he is eligible.

2.  The applicant states he was in a combat infantry unit in Vietnam in a
combat zone serving as an infantry Soldier.  The Bronze Star Medal and the
Air Medal were not issued even though they were advised of the awards.  The
unit commander suffered an injury and the awards were delayed and then
never issued.  After receiving shrapnel wounds in the leg, a slice on the
right arm, and holes in his lip, the Purple Heart was never awarded.  He
received treatment at the aid station at Lai Khe Base Camp.

3.  The applicant provides a letter of support, dated 5 September 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 September 1969.  The application submitted in this case
is dated 29 August 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 requested correction of his records to show award of the
Bronze Star Medal and the Air Medal.  There are no orders or other evidence
authorizing these decorations to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Bronze Star Medal and the Air Medal under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

4.  After having had prior service in the Army National Guard, the
applicant enlisted in the Regular Army on 3 December 1966.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Company (HHC), 1st Infantry Division (Long Range
Reconnaissance Patrol (LRRP)) on 21 February 1968 where he performed duties
as a rifleman.  He was reassigned to Company F, 52d Infantry, 1st Infantry
Division on 5 March 1968 where he performed duties as a radio operator.  He
was reassigned to Company B, 1st [Battalion] 2d Infantry, 1st Infantry
Division on 6 April 1968 where he performed duties as an automatic
rifleman.  He was reassigned to HHC, 1st Battalion, 2d Infantry, 1st
Infantry Division on 14 May 1968 where he performed duties as a senior
scout observer.  He was reassigned to Company E, 1st Battalion, 2d
Infantry, 1st Infantry Division on 16 July 1968 where he performed duties
as a senior scout observer.

6.  On 4 September 1968, the applicant was a patient in Medical Hold
Detachment, U. S. Army Hospital, Camp Oji, Japan.  On 18 October 1968, he
was reassigned to HHC, 1st Battalion, 23d Infantry, 2d Infantry Division,
Korea.

7.  The applicant was credited with participation in three campaigns.

8.  On 4 September 1969, the applicant was honorably released from active
duty. His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with device 1960, and the Armed Forces Expeditionary Medal with First Oak
Leaf Cluster.

9.  The applicant’s name is not on the Vietnam Casualty Roster.  His
service medical records are not available.  Item 40 (Wounds) of his DA Form
20 (Enlisted Qualification Record) does not show he was wounded.

10.  The applicant provided a statement from a former Soldier who was
assigned to the applicant’s unit a year after the applicant departed.  This
individual stated it was very common to find LRRPs with no medals, simply
because the higher ranking officers and noncommissioned officers were not
in the company long enough to do their jobs.  He stated he has talked to a
number of men from the applicant’s time in the unit who did not get their
CIBs either.  The men’s paperwork just did not get done the way it should
have.  He stated the applicant was on their company roster as serving with
the unit and he has talked with others who remember the applicant being in
combat with them.


11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
CIB to a Soldier who is an infantryman satisfactorily performing infantry
duties, who is assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
provided, in pertinent part, for award of the CIB.  Appendix 3 to Annex A
of this regulation listed positions which qualified for award of the CIB.
The regulation authorized award of the CIB to radio operators provided
their primary duty was to accompany infantry or infantry-type units on
tactical operations.

13.  Army Regulation 600-8-22 provides for award of the Purple Heart 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 by a medical officer, and the
medical treatment must have been made a matter of official record.

14.  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 that, at the time of the
applicant's assignment to the LRRP, Company F, 52d Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 12 July 1965 through 16 October 1968 by Department
of the Army General Orders (DAGO) Number 21 dated 1969.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to Company F, 52d Infantry, it was cited for award
of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 20 December 1967 through July 1968 by DAGO Number
48 dated 1971.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  Authorized bronze service stars will be
worn on the appropriate campaign or service medal, including the Vietnam
Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show
     he was wounded in action.  His DA Form 20 shows he was a patient on
           4 September 1968, after which he was transferred to Korea.
However, his
service medical records are not available that would show why he was a
patient. Therefore, there is insufficient evidence on which to base award
of the Purple Heart.

2.  The evidence of record confirms the applicant was an infantryman
assigned to infantry units.  However, he held duty positions (rifleman,
radio operator, and automatic rifleman) that could have made him eligible
for award of the CIB for such a short period of time (21 February 1968
through 14 May 1968) that there is insufficient evidence to show he met all
the criteria required for award of the CIB.

3.  The applicant was assigned to the LRRP, Company F, 52d Infantry during
a period of time this unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  He was assigned to Company F, 52d Infantry
during a period of time this unit was awarded the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  These unit awards should be
added to his DD Form 214.

4.  The applicant was credited with participation in three campaigns.  He
is eligible to wear three bronze service stars on his Vietnam Service
Medal.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      3 September 1972.  The applicant did not file
within the 3-year statute of limitations; however, it would be appropriate
to waive failure to timely file based on the fact there is no statute of
limitations for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __phm___   __gjp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 of the
individual concerned to add the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and to show he is authorized to wear three bronze
service stars on his already-awarded Vietnam Service Medal.




                                  __James E. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013536                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070424                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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