RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 March 2006
      DOCKET NUMBER:  AR20050008388


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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).

2.  The applicant states, in effect, that he was wounded in action on 11
May 1970, while serving in the Republic of Vietnam (RVN).  He claims he was
awarded the PH, but it was not included in the list of awards contained on
his separation document (DD Form 214).

3.  The applicant provides a PH Certificate and DD Form 214 in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 June 1971, the date of his separation.  The application
submitted in this case is dated 18 May 2005.

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 record shows he was inducted into the Army and entered
active duty on 4 September 1969.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) confirms the
applicant served in the RVN from 5 February through 23 May 1970.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company B, 3rd Battalion, 506th Infantry, performing duties in MOS 11B as a
rifleman.  It also shows that he received "Excellent" conduct and
efficiency ratings at all of his assignments.  Item 40 (Wounds) contains
the entry "Gunshot Wound to Back 10 May 1970".

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
casualty report message that confirms the applicant was slightly wounded in
action on
10 May 1970.  The message indicates he received a gunshot wound to the back
while on a combat operation when engaged in a firefight with a hostile
force in Cambodia.  There is also a Western Union Telegram on file that was
addressed to the applicant's parents that he was slightly wounded in
action.  This telegram contains the same information as the casualty
message.

6.  The applicant's MPRJ is void of derogatory information, or a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).

7.  On 4 June 1971, the applicant was honorably separated after completing
a total of 1 year, 9 months, and 1 days of active military service.  The DD
Form 214 he was issued at the time shows he earned the following awards
during his active duty tenure:  National Defense Service Medal;  Vietnam
Service Medal with 1 bronze service star; RVN Campaign Medal; and Expert
Qualification Badge with Rifle and Machinegun Bars.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with while serving in the RVN.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Chapter 8 of the awards regulation contains guidance on combat and
skill badges.  It states, in pertinent part, that the Combat Infantryman
Badge (CIB)  is awarded to infantry officers and to enlisted and warrant
officer persons 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, and there must be evidence that the member was
personally present and participated with a qualifying infantry unit while
it was engaged in ground combat with enemy forces.  .  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 CIB was awarded only to enlisted individuals who held and served in
MOS 11B, 11C, 11F, 11G, or 11H.

12.  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 (3rd Battalion, 506th Infantry)
received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.  It also shows that during
this period, credit was granted for the Vietnam Winter-Spring 1970 and
Sanctuary Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the PH and the
supporting evidence he submitted was carefully considered and found to have
merit.  By regulation, in order to support award of the PH, there must be
evidence that the wound for which the award is being made was the result of
enemy action, that it was treated by military medical personnel, and a
record of this treatment must have been made a matter of official record.

2.  In this case, the record confirms the applicant was wounded in action
on
10 May 1970 while engaged in a firefight with enemy forces in Cambodia, as
evidenced by an entry in Item 40 of his DA Form 20 and a casualty report
message on file in his MPRJ.  Further, the casualty message and an
accompanying Western Union Telegram confirm he was treated for this combat
related wound in a medical treatment facility in the RVN.  As a result, the
regulatory burden of proof necessary to support award of the PH has been
satisfied in this case.

3.  By regulation, in order to support award of the CIB, there must be
evidence the member served in an infantry MOS in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and personally participated while the unit while it was engaged in
action with enemy forces.  The record in this case confirms that while
serving in the RVN, the applicant was serving in MOS 11B performing duties
as a rifleman with the
506th Infantry, a qualifying infantry unit; and the fact he was wounded in
action while engaged in firefight with enemy forces is confirmation of his
personal participation in combat.  Therefore, the regulatory burden of
proof necessary to support award of the CIB has been satisfied in this
case.

4.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 4 September 1969 through 4
June 1970.

5.  The record also shows that based on his RVN service and campaign
participation, the applicant is also entitled to the RVN Gallantry Cross
with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and
2 bronze service stars with his Vietnam Service Medal.  Thus, it would also
be appropriate to add these awards to his record at this time.

BOARD VOTE:

___JTM     __CAK __  __RCH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 awarding him the Purple Heart, for
being wounded in action in Cambodia on 10 May 1970; by awarding him the
Army Good Conduct Medal for his qualifying active duty service from 4
September 1969 through 4 June 1970; by awarding him the Combat Infantryman
Badge; by showing his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and
2 bronze service stars with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these awards.




                            _____John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008388                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/06/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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