RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060015936


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Gerald 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 that his records be corrected to show that he
was awarded the Army Commendation Medal, the Combat Infantryman Badge, the
Air Medal, and the Purple Heart.  He further requests, in effect, that the
orders awarding him the Army Commendation Medal, the Citation for award of
the Army Commendation Medal, and a Letter of Commendation for Brigade
Charge of the week be included in his official records.

2.  The applicant states that he has been trying for two years to get
additional awards included in his official military records.  He states
that he underwent surgery for hearing loss and that he was awarded a 10
percent service connected disability rating.  He states that he is very
angry and saddened because of the valuable awards information that was left
off of his official Report of Transfer or Discharge (DD Form 214).  He
states that he has never received proper recognition for his combat service
as he was a field wireman (36K20) assigned to Delta Company, along with
combat infantrymen and other combat personnel.

3.  The applicant provides in support of his application a Army
Commendation Medal Certificate; the Citation and General Orders Number
01036 for award of the Army Commendation Medal dated 2 March 1972; a
memorandum awarding him the Republic of Vietnam Gallantry Cross with Palm
Unit Citation dated 29 January 1972; and a Letter of Commendation dated
12 February 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 September 1973.  The application submitted in this
case is dated 6 November 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 military records are unavailable for review.
Information contained herein was obtained from his DD Form 214 and
supporting documents.

4.  On 23 July 1970, the applicant enlisted in the Army in Montgomery,
Alabama and he successfully completed his training as a field wireman.

5.  In a memorandum dated 29 January 1972, the 196th Infantry Brigade
personnel were notified that all personnel who served in the 23rd Infantry
Division during the period from 1 March 1969 through 31 October 1971 were
eligible for award of the Republic of Vietnam Gallantry Cross with Palm
unit Citation once the award was announced on a Department of the Army
General Order.

6.  On 12 February 1972, the applicant was furnished a Letter of
Commendation, signed by a general officer, for outstanding achievement,
which prompted his selection as a 196th Infantry Brigade "Charger of the
Week".

7.  The available information indicates that the applicant was assigned to
the 196th Infantry Brigade when General Orders Number 01036 were published
on 2 March 1972 awarding him the Army Commendation Medal for meritorious
service in the Republic of Vietnam, for the period covering 20 August 1971
through 18 February 1972, while serving in the rank and pay grade of
specialist (E-4).  He was also furnished a certificate and a citation to
show that he was awarded the Army Commendation Medal.

8.  A review of the applicant's DD Form 214 indicates that he was honorably
released from active duty (REFRAD) and transferred to the United States
Army Reserve Control Group (Reinforcement) on 21 September 1973, at the
expiration of his term of service.

9.  Further review of the applicant's DD Form 214 and supporting
documentation fails to show that the applicant sustained wounds/injuries as
a direct result of hostile action by enemy forces and a review of the
Vietnam Casualty Roster fails to reflect his name therein.  Additionally,
the available documentation fails to show that he met the criteria for
award of the Air Medal.






10.  The DD Form 214 that he was furnished at the time of is REFRAD
indicates that his service in Vietnam was from 1 August 1971 through 17
April 1972.; and that he was awarded the National Defense Service Medal,
the Vietnam Service Medal w/one Bronze Service Star, the Republic of
Vietnam Campaign Medal w/Device 1960; one Overseas Service Bar; and the
Expert Marksmanship Qualification Badge (Rifle M-16).

11.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

12.  Army Regulation 600-8-22 further 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 military occupational
specialty (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.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  It
established that passenger personnel who did not participate in an air
assault were not eligible for the award based upon sustained operations.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Twenty-five Category I missions
(air assault and equally dangerous missions) and accrual of a minimum of 25
hours of flight time while engaged in Category I missions was the standard
established for which sustained operations were deemed worthy of
recognition by an award of the Air Medal.  However, the regulation was
clear that these guidelines were considered only a departure point.  Combat
missions were divided into three categories.  A category I mission was
defined as a mission performed in an assault role in which a hostile force
was engaged and was characterized by delivery of ordnance against the
hostile force, or delivery of friendly troops or supplies into the
immediate combat





operations area.  A category II mission was characterized by support
rendered a friendly force immediately before, during or immediately
following a combat operation.  A category III mission was characterized by
support of friendly forces not connected with an immediate combat operation
but which must have been accomplished at altitudes which made the aircraft
at times vulnerable to small arms fire, or under hazardous weather or
terrain conditions.

14.  To be recommended for award of the Air Medal, an individual must have
completed a minimum of 25 category I missions, 50 category II missions or
100 category III missions.  Since various types of missions would have been
completed in accumulating flight time toward award of an Air Medal for
sustained operations, different computations would have had to be made to
combine category I, II and III flight time and adjust it to a common
denominator.

15.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  As previously stated, the applicant's military records are unavailable
for review.  However, there is no evidence in the available documentation
submitted by the applicant that indicates that he met the criteria for
award of the Purple Heart, Air Medal, or Combat Infantryman Badge.
Therefore, in the absence of evidence to the contrary, it must be presumed
that these decorations were properly omitted from his DD Form 214.

2.  However, the applicant does submit documentation that shows that he was
awarded the Army Commendation Medal on 2 March 1972 and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore these
decorations should be included on his DD Form 214 and in his official
records.

3.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as indicated below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 1976.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__YM ___  __LD____  __GP___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 amending the DD Form
214 of the individual concerned to show that he was awarded the Army
Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and, if applicable, including his citations, certificates,
orders, and Letter of Commendation in his official record.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
awarding him the Purple Heart, Air Medal, and Combat Infantryman Badge.




                            ____Yolanda Maldonado______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015936                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070515                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.000/AWARDS AND DECORATIONS          |
|2.  64                  |107.0018/AIR MEDAL                      |
|3.  66                  |107.0020/ARMY COMMENDATION MEDAL        |
|4.  157                 |107.0111/COMBAT INFANTRYMAN BADGE       |
|5.  61                  |107.0015/PURPLE HEART                   |
|6.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |


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