RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 MAY 2004
      DOCKET NUMBER:   AR2003097860


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Ms. Regan Smith                   |     |Member               |
|     |Mr. Thomas O'Shaughnessy          |     |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 records be corrected to reflect award
of the Purple Heart and a Bronze Star Medal with "V" device.

2.  The applicant states, in effect, that he was awarded the Purple Heart
and Bronze Star Medal with "V" device for actions on 30 January 1969 while
in Vietnam.  He notes, however, that the awards were omitted from his
separation document.

3.  The applicant provides a copy of his Purple Heart and Bronze Star Medal
with "V" device award certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 March 1970.  The application submitted in this case is
dated
29 September 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.  Records available to the Board indicate the applicant was inducted and
entered active duty on 14 March 1968.  He was initially trained as an
infantryman.

4.  While undergoing training he qualified as a sharpshooter with the M-60
machine gun and as a marksman with the M-16 automatic rifle.  He was
awarded the associated badges and component bars, but the information was
omitted from his separation document.

5.  In August 1968 the applicant was assigned as a rifleman with the 4th
Battalion, 39th Infantry, which was part of the 9th Infantry Division.
According to information contained in his service medical records, he was
wounded as a result of hostile action on 30 January 1969.  The applicant
sustained multiple fragment wounds to





his legs, forearm, buttocks, and left thigh from a "hostile forces booby
trap."  As a result of his wounds he was evacuated from Vietnam and
ultimately assigned duties as a rifleman with the 31st Infantry in Korea.

6.  Although the applicant's records do not contain orders confirming his
award of the Purple Heart and Bronze Star Medal, the certificates provided
in support of his request confirm that the awards were made.  The Purple
Heart certificate was issued on 15 February 1969 and the Bronze Star Medal
with "V" device certificate was issued on 18 March 1969.  Both certificates
were authenticated by Major General Julian J. Ewell, commander of the 9th
Infantry Division in Vietnam at the time and reflect the signature of
Stanley R. Resor, Secretary of the Army during the period in question.
Both certificates were issued after the applicant was evacuated from
Vietnam and both awards were omitted from his separation document.

7.  The applicant's records also confirm that on 1 May 1969 he was awarded
an Army Commendation Medal for meritorious service during the period August
1968 to January 1969.  Orders issued by the 9th Infantry Division confirmed
that award, but the award was also omitted from his separation document.

8.  The applicant returned to the United States in September 1969, after
being reclassified as a cook.  He completed his service contract at Fort
Leonard Wood, Missouri and on 13 March 1970 was released from active duty.

9.  A review of Department of the Army Pamphlet 672-3 notes that the
applicant's unit (4th Battalion, 39th Infantry) participated in two
designated campaigns (Vietnam Counteroffensive Phases V and VI) and was
awarded two awards of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm and one Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, while the applicant was a member of the unit.  Although his
separation document reflects award of the Vietnam Service Medal it does not
reflect entitlement to two bronze service stars denoting his campaign
participation nor the unit awards received by his unit while he was still a
member of that organization.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the applicant's available records
awarding him the Purple Heart and Bronze Star Medal with "V" device, his
award certificates are signed by the appropriate commander and Secretary of
the Army, and the date of action is consistent with information contained
in his service medical





records.  The fact that the certificates were issued after the applicant’s
departure from Vietnam could explain the absence of the awards on his
separation document.  In the absence orders, or evidence to the contrary,
the Board accepts the applicant’s award certificates as authentication of
entitlement to the Purple Heart and Bronze Star Medal with "V" device and
in the interest of justice concludes it would be appropriate to add the
awards to his separation document.

2.  The evidence also confirms that the applicant was awarded an Army
Commendation Medal for meritorious service during the period August 1968 to
January 1969 which was omitted from his separation document.

3.  The applicant qualified as a sharpshooter with the M-60 machine gun and
as a marksman with the M-16 automatic rifle.  He was awarded the associated
badges and component bars.  His records should be corrected accordingly.

4.  The evidence confirms that the applicant is entitled to two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__MM ___  __RS___  ___TO __  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:

      a.  confirming the applicant was awarded the Purple Heart and Bronze
Star Medal with "V" device;


      b.  showing that he was awarded the Army Commendation Medal for
meritorious service between August 1968 and January 1969;





      c.  showing he qualified as a sharpshooter with the M-60 machine gun
and as a marksman with the M-16 automatic rifle and was awarded the
associated badges and component bars; and


      d.  showing he is entitled two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, one Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and two bronze service stars
on his Vietnam Service Medal.





            _____Melvin Meyer________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2003097860                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040527                                |
|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.                      |                                        |