RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 JULY 2004
      DOCKET NUMBER:  AR2003097740


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Marla Troup                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 record be corrected to show award of
the Purple Heart.

2.  The applicant made no statement and provided no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 1 November 1968.  The application submitted in this case
is dated 19 August 2003.

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 limitation 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 was inducted into the Army on 3 November 1966, completed
training as an infantryman, and in May 1967 was assigned to the 1st
Battalion, 27th Infantry in Vietnam.  He was promoted to sergeant on 1
January 1968 and was awarded the Bronze Star Medal with "V" device for his
heroism on              10 January 1968 while assigned as a squad leader
with Company D,                1st Battalion, 27th Infantry.  The
applicant's DA Form 20 (Enlisted Qualification Record) shows that he
sustained a fragmentation wound to his left side and right thumb on 11
February 1968.  The Vietnam Casualty Roster maintained at this agency
confirms that the applicant was wounded in action on 11 February 1968.
4.  The applicant completed his tour in Vietnam and returned to the United
States in May 1968.  He participated in four campaigns during his tour in
Vietnam, and the 1st Battalion, 27th Infantry was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for its actions while
the applicant was assigned to that organization.

5.  The applicant was released from active duty at Fort Carson, Colorado on
       1 November 1968 in the rank of sergeant with an honorable
characterization of service.  He had 1 year, 11 months, and 29 days of
service.  His DD Form 214 (Report of Transfer or Discharge) does not show
award of the Purple Heart.

6.  Army Regulation 600-8-22 provides 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, and the medical treatment must have
been made a matter of official record.

7.  The Army Good Conduct Medal 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.

8.  The Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry MOS (military
occupational specialty.  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 11 February 1968.  He is
entitled to award of the Purple Heart.

2.  The applicant was an infantryman assigned to an infantry squad and
served in combat as evidenced by his award for heroism.  He is entitled to
award of the Combat Infantryman Badge.

3.  The applicant served his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal.

4.  The applicant participated in four campaigns in Vietnam.  His record
should be corrected to show award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.


BOARD VOTE:

___RA __  ___JA___  ___MT __  GRANT 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 showing award of the Purple Heart, the
Combat Infantryman Badge, the Army Good Conduct Medal, the Vietnam Service
Medal with four bronze service stars, the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.




            ______Roger Able________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097740                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040715                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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