RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 APRIL 2004
      DOCKET NUMBER:   AR2003098836


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 the orders and certificate awarding him the
Purple Heart be corrected to show that he was wounded on 19 May 1966 vice
19 May 1967.  He also requests award of the Bronze Star Medal and Army
Commendation Medal.

2.  The applicant states, in effect, that the award date on his Purple
Heart orders and certificate is wrong.  He also states, in effect, that he
never received the Bronze Star Medal or the Army Commendation Medal based
on his Combat Infantryman Badge, which he read about in a magazine.

3.  The applicant provides a copy of his Department of the Army Form 20
(Enlisted Qualification Record) showing the date of his combat wound and
the magazine article which discusses award of the Bronze Star Medal and
Army Commendation Medal.  He also submits a copy of his Purple Heart orders
and his original Purple Heart award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
3 December 1966.  The application submitted in this case is dated 23
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.  The magazine article provided by the applicant discusses the practice
of awarding the Bronze Star Medal and Army Commendation Medal following
World War II.  The information was imbedded in an article regarding the
number and kinds of awards made during various military conflicts.  It
states that "After World War II, Army Regulation 600-45 authorized every
soldier who had received either a Combat Infantryman's Badge or a Combat
Medical Badge to also be awarded a meritorious Bronze Star."  Army
Regulation 600-8-22 provides for award of the Bronze Star Medal to Soldiers
who were awarded the Combat Infantryman Badge and Combat Medical Badge
between 7 December 1941 and 2 September 1945.  Awards of the Bronze Star
Medal based on a World War II era Combat Infantryman Badge or Combat
Medical Badge are commonly referred to as conversion awards.  Following
World War II a recommendation was required for the Bronze Star Medal.
4.  Army Regulation 600-8-22 also states that the Army Commendation Medal
was awarded as a conversion award to individuals who had been commended in
a letter, certificate, or order of commendation signed by an officer in the
grade or position of a major general or higher between 6 December 1941 and
1 January 1946.  As with the Bronze Star Medal, following World War II,
individual recommendations were required for award of the Army Commendation
Medal.

5.  Records available to the Board indicate that the applicant entered
active duty in November 1963.  In April 1966, while assigned to an infantry
unit in Hawaii, the applicant was deployed to Vietnam as part of a unit
move.  The applicant was awarded the Combat Infantryman Badge while in
Vietnam.

4.  According to an entry in item 40 (wounds) on his Department of the Army
Form 20 and in item 27 (wounds received as a result of action with enemy
forces) on his Department of Defense Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), the applicant was wounded on 19
May 1966.

5.  The applicant returned to the United States in December 1966 and was
released from active duty on 3 December 1966.

6.  Orders confirming his award of the Purple Heart were published on
18 February 1967, more than 2 months after his release from active duty,
and incorrectly reflect the date of his injury as 19 May 1967.  A Purple
Heart award certificate, which was reissued in July 2003 also reflects the
incorrect date that the applicant was wounded.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was awarded a Combat Infantryman Badge while in
Vietnam, he was not entitled to the Bronze Star Medal or the Army
Commendation Medal as conversion awards based on that badge.  Awards of the
Bronze Star Medal and Army Commendation Medal as conversion awards were
limited to World War II holders of the Combat Infantryman Badge or, in the
case of the Army Commendation Medal, to individuals who, during World War
II, were commended by an officer in the grade or position of a major
general or higher.

2.  The evidence does show, however, that the applicant was wounded on
19 May 1966 vice 19 May 1967.  By 19 May 1967 the applicant was no longer
serving in the military and had long since departed Vietnam.  As such it
would be appropriate to correct his Purple Heart orders to show he was
wounded on
19 May 1966 vice 1967 and to reissue his Purple Heart award certificate
with the correct information.

BOARD VOTE:

__MKP __  ___MHM_  __RTD__  GRANT 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 showing he was wounded
on 19 May 1966 vice
19 May 1967.

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 Bronze Star Medal and Army Commendation Medal based on his
Vietnam era Combat Infantryman Badge.





            _ Margaret K. Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098836                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040429                                |
|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.                      |                                        |