RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20070000155


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, correction of his records to show
all awards he is entitled to.

2.  The applicant states, in effect, that he is entitled to have his
records corrected to show receipt of the Air Medal, the Bronze Star Medal,
the Army Commendation Medal with “V” Device, and the Army Commendation
Medal for meritorious service, the Purple Heart, the Good Conduct Medal,
the Combat Infantryman Badge, the Parachutist Badge, the Air Assault Badge,
the Army Service Ribbon, the Combat Action Ribbon, and the Close Combat
Badge (correctly known as the Combat Action Badge).  The applicant also
states, in effect, that his records were lost or destroyed in a fire in the
1970s.

3.  The applicant provides copies of certificates for the Bronze Star
Medal, the Army Commendation Medal with “V” Device, and the Army
Commendation Medal for meritorious service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 October 1968.  The application submitted in this case
is dated
21 December 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 Board noted the applicant's request for award of the Air Medal, the
Bronze Star Medal, the Army Commendation Medal with “V” Device, and the
Army Commendation Medal for meritorious service.  The applicant's DD Form
214 does not list these awards as authorized awards and there are no
general or special orders that awarded or recommended the applicant for
these awards.  The applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for these awards under this provision of
law.  As a result, the requested awards will not be discussed further in
these Proceedings.

4.  The applicant’s records show that he was inducted into the Army of the
United States on 1 November 1966.  He completed basic combat training and
advanced individual training and was awarded military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  On 1 February 1968, the
applicant’s MOS of 11B was withdrawn and he was awarded primary MOS 13B
(Cannoner).  The highest rank he attained while serving on active duty was
Sergeant (SGT).

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 7 October 1967 through 6
October 1968.  During his RVN tour he was assigned to 2nd Battalion, 320th
Field Artillery Regiment, 101st Air Assault (Airborne) Division, performing
duties as a 13B (Assistant Gunner).

6.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated
in the Vietnam Counteroffensive, Phase III campaign and an unnamed
campaign.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the Parachutist Badge, the National Defense Service Medal, and the
Republic of Vietnam Campaign Medal with “60” Device.

8  Item 5 (Award Code) of the applicant's DA Form 1577 (Authorization for
Issuance of Awards), signed by the Chief Army Reference Branch, dated
25 August 1999 shows that he was awarded the Good Conduct Medal.

9.  On 5 October 1968, the applicant was honorably discharged after
completing a total of 1 year, 11 months, and 5 days of active military
service.  The DD Form 214, he was issued shows he earned the Vietnam
Service and the Army Commendation Medal.

10.  Special Orders Number 93, Headquarters, The Student Brigade, United
States Army Infantry School, shows that the applicant was awarded the “P”
(Parachutist) identifier and authorized to wear the Parachutist Badge.

11.  There are no orders in the applicant's service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that shows he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41
(Awards and Decorations).  The applicant's name is not listed on the
Vietnam Casualty Roster.
12.  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.

13.  Army Regulation 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 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.

14.  Army Regulation 600-8-22 shows that the Army Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  This regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award upon successful completion of initial
entry training.  The award may be awarded retroactively to those personnel
who completed the required training before 1 August 1981 provided they had
an Active Army status on or after 1 August 1981.

15.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of O-6 and below who have actively participated
in ground or surface combat.  The Department of Defense Instruction lists
the actions for which the Combat Action Ribbon is authorized beginning with
Southeast Asia
1 March 1961 and ending with Operation Desert Storm in 1991.

16.  Headquarters, Department of the Army, Washington, District of
Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the
Combat Infantryman Badge and the Combat Medical Badge and the Establishment
of the Combat Action Badge, states, in pertinent part, that on 2 May 2005,
the Chief of Staff, Army approved the creation of the Combat Action Badge
to provide special recognition to Soldiers who personally engage, or are
engaged by the enemy.  This document provides, in pertinent part, that the
Combat Action Badge may be awarded to any Soldier; however, the Soldier
must be performing assigned duties in an area where hostile fire pay or
imminent danger pay is authorized; the Soldier must be personally present
and actively engaging or being engaged by the enemy, and performing
satisfactorily in accordance with the prescribed rules of engagement; and
the Soldier must not be assigned/attached to a unit that would qualify the
Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The
Combat Action Badge is authorized for award from 18 September 2001 to a
date to be determined.

17.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The award may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status on or after 1 August 1981 and the
overseas service is not recognized with another U.S. service medal.
Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the Air Assault Badge.  Award of the Air Assault Badge
requires that an individual must have satisfactorily completed an air
assault training course according to the U.S. Army Training and Doctrine
Command standardized Air Assault Core Program of Instruction, or completed
the standard Air Assault Course while assigned or attached to 101st
Airborne Division (Air Assault) after 1 April 1974.

19.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.

20.  Department of the Army Pamphlet 672-3 shows that at the time of the
applicant’s assignment to the 2nd Battalion, 320th Field Artillery
Regiment, it was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May
1970 by Department of the Army General Orders Number 48, dated 1971.

21.  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 the unit to which the applicant
was assigned, was cited for award of the Vietnam Gallantry Cross with Palm
Unit Citation for the period July 1968 to 14 May 1969 by Department of the
Army General Order Number 51, dated 1971.
22.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his service in Vietnam.  This
document shows that the applicant participated in the Vietnam
Counteroffensive, Phase III campaign, the TET Counteroffensive campaign,
and the Vietnam Counteroffensive, Phase IIV campaign.  This same regulation
states that a bronze service star will be awarded for wear on the Vietnam
Service Medal for participation in each campaign.

23.  For Vietnam service, one overseas bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam
from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month
of departure from Vietnam are counted as whole months for credit toward the
overseas bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart, the Combat Infantryman Badge, the Combat Action Badge, the Combat
Action Ribbon, the Overseas Service Ribbon, the Army Service Ribbon, the
Parachutist Badge, and the Air Assault Badge.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds. The applicant is not listed on the Vietnam
Casualty Roster.  The statement submitted does not provide an eyewitness
account of the applicant being wounded as a result of hostile action.  In
the absence of such evidence, there is insufficient basis to grant award of
the Purple Heart in this case.

3.  The available record does not show the applicant possessed one of the
requisite military occupational specialties or that he served in an
infantry position required to qualify for award of the Combat Infantryman
Badge or the Combat Action Ribbon.  The applicant's record is also absent
evidence that show he served as an infantryman in action against the enemy
and he has failed to provide any such evidence in support of his claim.
Therefore, he is not entitled to award of the Combat Infantryman Badge or
the Combat Action Ribbon.

4.  Additionally, the applicant served overseas in the Republic of Vietnam
from
7 October 1967 through 6 October 1968; and the Combat Action Badge was
established for wear on 18 September 2001.  Therefore, there is no basis
for awarding him the Combat Action Badge.
5.  Evidence of record shows the applicant served overseas in the Republic
of Vietnam from 7 October 1967 through 6 October 1968 and was discharged
from the active Army on 5 October 1968; however, the regulation states that
the Army Service Ribbon and the Overseas Service Ribbon may be awarded
retroactively for service prior to 1 August 1981 provided that the service
member had an active Army status on or after 1 August 1981.  The applicant
did not serve in an active duty status after this date.  Therefore, he is
not entitled to award of the Overseas Service Ribbon or the Army Service
Ribbon

6.  There are no general orders that show the applicant was awarded the Air
Assault Badge.  There is no evidence in his service personnel records which
shows that he attended the Air Assault training course.  In the absence of
such evidence, there is insufficient basis to grant award of the Air
Assault Badge in this case.

7.  General Orders show the applicant was awarded the Parachutist Badge
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

8.  Evidence shows the applicant was awarded the Good Conduct Medal which
is not shown on his separation document.  Therefore, he is entitled to
correction of his records to show this award.

9.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is eligible for award of three bronze
service stars to be affixed to his already awarded Vietnam Service Medal.

10.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, General Orders Number 51, dated
1971, which is not shown on his separation document.  Therefore, he is
entitled to correction of his records to show this award.

11.  General Orders Number 48, dated 1971, show the applicant's unit was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, he is entitled to correction of his records to show
this award.

12.  Records show the applicant completed two periods of qualifying active
federal service in the Republic Vietnam.  Therefore, he is eligible for
award of two overseas bars.


13.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 October 1971.  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

___BJE__  ___FCJ _  ___QAS _  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 showing award of the
Good Conduct Medal, the Parachutist Badge, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Civil Actions Honor Medal
First Class Unit Citation, and three bronze service stars affixed to his
already awarded Vietnam Service Medal.

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
award of the Combat Action Badge, the Purple Heart, the Combat Infantryman
Badge, the Combat Action Ribbon, the Air Assault Badge, the Overseas
Service Ribbon, and the Army Service Ribbon.




                               _    _Barbara J. Ellis______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000155                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/06/19                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]