RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 January 2008
      DOCKET NUMBER:  AR20070010876


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Frank C. Jones                |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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
Air Medal, and correction of his military occupational specialty (MOS) to
Rifleman.

2.  The applicant states, in effect, he was wounded in action towards the
end of February or beginning of March 1967, at Bon Song, Republic of
Vietnam (RVN), and that he served as a rifleman in the RVN.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was inducted into the Army and
entered active duty on 1 April 1966.  His Enlisted Qualification Record (DA
Form 20) shows that he completed training in MOS 11C (Infantry Indirect
Fire Crewman) and was awarded this MOS on 20 August 1966, and that he
served in the RVN from 20 September 1966 through 29 April 1967.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to Company C, 2nd Battalion, 5th
Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11B (Light
Weapons Infantryman) as a rifleman.  It also shows that he became a patient
at the
249th General Hospital in Japan on 28 March 1967, and that he was medically
evacuated to the Valley Forge General Hospital, Pennsylvania, where he
arrived on 3 May 1967.  Item 40 (Wounds) is blank and the PH is not
included in the list of awards contained in Item 41 (Awards and
Decorations).  Item 48 (Date of Audit) shows the applicant last audited
this record on 20 March 1968.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate the applicant was ever wounded in
action or awarded the PH by proper authority while serving in the RVN.  It
is also void of any medical treatment records that explain the reason for
his medical evacuation from the RVN or that show he was ever treated for a
combat-related wound or injury while serving on active duty.

5.  The applicant's MPRJ does contain Headquarters, 1st Cavalry Division
(Airmobile) General Orders Number 1375, dated 29 March 1967, which awarded
the applicant the Air Medal for the period September 1966 through March
1967.

6.  On 29 March 1968, the applicant was honorably released from active duty
(REFRAD) after completing 1 year, 11 months, and 28 days of active military
service.  Item 23a (Specialty Number and Title) contains the entry "11C2O
Inf Ind Fire Crewman"; and Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he earned the following awards during his active duty tenure:
National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN
Campaign Medal; Army Good Conduct Medal (AGCM); Combat Infantryman Badge;
Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 1
Overseas Service Bar.  The PH is not included in the list of awards
contained in Item 24, and the applicant authenticated the DD Form 214 with
his signature in Item 32 (Signature of Person Being Transferred or
Discharged) on the date of his REFRAD.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Vietnam Casualty Roster.  There is no
entry pertaining to the applicant contained on this roster of RVN
casualties.  In addition, the Awards and Decorations Computer Assisted
Retrieval System (ADCARS), which is an index of orders issued during the
Vietnam era between 1965 and 1973 that is maintained by the Military Awards
Branch of the United States Army Human Resources Command (HRC), was
completed and there were no PH orders in this file pertaining to the
applicant.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award
of the PH.  It states, in pertinent part, that in order to support an award
of the PH, there must be evidence that a member was wounded or injured as a
result of enemy action; that the wound or injury for which the award is
being made required treatment by military medical personnel; and this
treatment must be supported by medical treatment records that were 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 campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns.  It
shows that during the applicant's tenure of assignment, participation
credit was granted for the Vietnam Counteroffensive Phase II campaign.

10.  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 (2nd Battalion, 5th Cavalry
Regiment) was awarded the Valorous Unit Award for action on 11 March 1967
in DA General Orders Number 54, issued in 1968; and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 630-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The version of the regulation in effect at the time of the
applicant's separation stated, in pertinent part, that the entry in Item
23a would reflect the member's primary MOS and title, as recorded on the DA
Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support award of the PH,
there must be evidence that the wound or injury 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 medical
treatment must have been made a matter of official record.

2.  Although the evidence of record confirms the applicant was medically
evacuated from the RVN, there are no medical treatment records on file and
the applicant has failed to provide any that confirm his medical evacuation
was caused by a wound or injury he received as a result of enemy action.
Further, Item 40 of the applicant's DA Form 20 is blank, which indicates he
was never wounded in action.  The PH is not included in the list of awards
contained in Item 41, and the applicant last audited the DA Form 20 on 28
March 1968, nearly a year after he departed the RVN.  In effect, his audit
was his verification that the information contained on the record, to
include the Item 40 and Item 41 entries, was correct at that time.
3.  In addition, the PH is not included in the list of awards contained in
Item 24 of the applicant's DD Form 214, and the applicant authenticated the
separation document with his signature on the date of his separation, which
was 29 March 1968.  In effect, his signature was his verification that
information contained on the DD Form 214, to include the list of awards
contained in Item 24, was correct at the time the separation document was
prepared and issued.  Finally, the applicant's name is not included on the
Vietnam Casualty Roster, the official DA list of RVN casualties and there
are no PH orders on file in the ADCARS maintained at HRC.  Therefore,
absent any evidence showing he was wounded in action, or that he was ever
awarded the PH by proper authority while serving on active duty, there is
an insufficient evidentiary basis to support award of the PH in this case.


4.  The applicant's contention that his record should be corrected to show
he served as a rifleman in the RVN was also carefully considered.  However,
the evidence of record confirms the applicant held the primary MOS 11C and
that this MOS was properly listed in Item 23a of his DD Form 214.  It also
shows that Item 38 of the applicant's DA Form 20 clearly shows he served as
a rifleman during his tour of duty in the RVN.  There appears to be no
error or injustice related to this issue.  As a result, no further
correction of his record regarding his MOS is necessary.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement related to award of the
PH and correction of his MOS.

6.  The evidence of record does show that based on his RVN service and
campaign participation, the applicant is entitled to the Valorous Unit
Award, RVN Gallantry Cross with Palm Unit Citation, and 1 bronze service
star with his VSM.  It also shows that he was awarded the Air Medal, which
was not included in the list of awards contained on his separation
document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__FCJ __  __LMD __  __MJF __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence was sufficient to warrant a
recommendation for partial relief.  As a result, the Board recommends that
all Department of the Army records of the individual concerned be corrected
by showing his entitlement to the Air Medal, Valorous Unit Award, Republic
of Vietnam Gallantry Cross with Palm Unit Citation and 1 bronze service
star with his Vietnam Service Medal; and by providing him a correction to
his separation document that reflects these awards.

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 Purple Heart.




                                  _____Frank C. Jones_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010876                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/03/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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