RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 March 2006
      DOCKET NUMBER:   AR20050012592


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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.  In two separate applications, the applicant requests, in effect, award
of the Purple Heart, Bronze Star Medal (BSM) and Air Medal (AM).

2.  The applicant states, in effect, that due to circumstances and his
service in the Republic of Vietnam (RVN), he should have received the PH.
He also states that although his records show he earned the BSM and AM,
these awards were not included in the list of awards contained on his
separation document
(DD Form 214), but are recognized in his military records.

3.  The applicant provides the following documents in support of his
applications: Chronological Record of Medical Care (SF 600); Clinical
Record (SF 513); and AM Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 February 1972, the date of his separation.  The
application submitted in this case is dated 7 July 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 requests award of the BSM.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms he is entitled to this award.  In the absence of authority
for this award, he may request award of the BSM under the provisions of
Section 1130 of Title 10 of the United States Code (10 USC 1130).  The
applicant has been notified by separate correspondence of the procedures
for applying for this award under
10 USC 1130.  As a result, his request for award of the BSM will not be
discussed further in this Record of Proceedings.

4.  The applicant’s record shows he was inducted into the Army and entered
active duty on 29 July 1970.  He was trained in, awarded and served in the
military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was specialist four (SP4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 8 January 1971 through 19
December 1971.  During his RVN tour, he was assigned to Company A, 2nd
Battalion, 12th Cavalry Regiment from 18 January 1971 through 5 April 1971
and to Company A, 2nd Battalion, 327th Infantry Regiment from 6 April 1971
through
13 December 1971.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 confirms
he received "Excellent" conduct and efficiency ratings at each of his
active duty assignments.  Item 40 (Wounds) is blank, and Item 41 (Awards
and Decorations) shows that during his active duty tenure, he earned the
following awards:  National Defense Service Medal (NDSM), Vietnam Service
Medal (VSM); RVN Campaign Medal with 1960 Device; Combat Infantryman Badge
(CIB); Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster; and
Sharpshooter Qualification Badge with Rifle Bar.  The PH is not included in
the list of awards contained in Item 41, and the applicant last reviewed
this record on 30 March 1971.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the AGCM.

8.  The applicant's MPRJ includes a copy of Headquarters, 101st Airborne
Division (Airmobile) General Orders (GO) Number (#) 10547, dated 9 November
1971.  These orders awarded the applicant the AM for his meritorious
achievement while participating in flight operations in the RVN during the
period 26 November 1970 through 3 October 1971.

9.  The applicant's 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.

10.  On 2 February 1972, the applicant was honorably separated after
completing 1 year, 6 months, and 4 days of active military service.  The DD
Form 214 he was issued shows he earned the following awards during his
active duty tenure:  NDSM; VSM; RVN Campaign Medal with 1960 Device; ARCOM
1st Oak Leaf Cluster; CIB; and Sharpshooter Qualification Badge with Rifle
Bar.  The applicant authenticated this document with his signature in Item
32 (Signature of Person Being Transferred or Discharged).

11.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among the list of RVN battle
casualties.

12.  The applicant provides medical treatment records that show between 22
and
28 October 1971, he was treated for burns to his face.  He also provides a
supporting statement from his squad leader in the RVN.  This individual
confirms that in 1971, the applicant was involved in an accident that
resulted in his receiving burns to his eyebrows and eyelashes.  He
indicates the accident was the result of igniting an illumination flair in
a small tin building.

13.  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.  It further stipulates that In order to support awarding a
member the PH, it is necessary to establish that the wound, for which the
award is being made, was received as a direct result of, or was caused by
enemy action, that the wound required treatment by a medical officer, and a
record of this medical treatment must have been made a matter of official
record.  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.

14.  Paragraph 2-13 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.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the Army Good Conduct Medal (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.

16.  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 (327th Infantry Regiment) was
awarded the RVN Gallantry Cross with Palm Unit Citation.  It further shows
that during his tenure of assignment in the RVN, campaign credit was
granted for the Vietnam Counteroffensive Phase VII, Consolidation I, and
Consolidation II campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's MPRJ contains a copy of Headquarters, 101st Airborne
Division (Airmobile) GO # 10547, dated 9 November 1971, which awarded him
the AM for his meritorious achievement while participating in flight
operations in the RVN during the period 26 November 1970 through 3 October
1971.  As a result, it would be appropriate to add this award to his record
at this time.

2.  The evidence of record also confirms the applicant received "Excellent"
conduct and efficiency ratings at all of his active duty assignments.
Further, his 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 29 July 1970 through 2 February 1972.

3.  The record also shows that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm and 3
bronze service stars with his VSM.

4.  By regulation, in order to support award of the PH, there must be
evidence that wound for which the award is being was received as a direct
result of, or was caused by enemy action.
5.  The evidence of record confirms the applicant was treated for burns to
his face that he received in the RVN as a result of an accident.  There is
no indication in either the medical treatment records provided by the
applicant, or in his record, that this injury was received as a result of
enemy action.  Therefore, the regulatory burden of proof necessary to
support award of the PH has not been satisfied in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  __JLP __  ___PMT_  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 awarding him the first
award of the Army Good Conduct Medal, for his qualifying honorable period
of active duty service from
29 July 1972 through 2 February 1972; by showing he was awarded the
Air Medal; by showing he is entitled to the Republic of Vietnam Gallantry
Cross with Palm and 3 bronze service stars with his Vietnam Service Medal;
and by providing him a correction to his separation document that includes
these changes.

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.




                                  _____William D. Powers   ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012592/AR200500125923            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/02/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/02/02                              |
|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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