RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:           20 November 2003
      DOCKET NUMBER:   AR2003088418


      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. Carolyn Wade                  |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Joann H. Langston             |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 Purple Heart (PH) and Bronze Star  Medal
(BSM) be added to his DD Form 214 (Armed Forces of the United States  Report
of Transfer or Discharge).  He  is  also  requesting  copies  of  the  other
medals and ribbons he was awarded during his tour of service.

2.  The applicant states, in effect, that he was awarded the PH for wounds
received on 15 September 1969 and the BSM for meritorious service while
serving in Vietnam; however, neither is listed on his DD Form 214.

3.  The applicant provides a copy of his PH Certificate issued for wounds
received on 15 September 1969, a copy of orders for the BSM with “V” Device
for acts of heroism on 15 September 1969, and a copy of orders for the BSM
for meritorious service while serving in the Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
31 December 1969.  The application submitted in this case is dated 6 March
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’s military records show he was inducted into the Army of
the United States on 24 January 1968 for a period of 2 years.  He completed
training as a medical specialist in military occupational specialty (MOS)
91B.  He served in Vietnam from 1 January 1969 to 31 December 1969.  He was
honorably released from active duty on 31 December 1969 and transferred to
the United States Army Reserve.

4.  The applicant’s DD Form 214 does not show the PH and BSM as an
authorized award.

5.  The applicant’s order awarding the BSM with “V” Device shows that, on
15 September 1969, despite the fact that he was under attack by the enemy
and was wounded, he continued to treat and evacuate his fellow Soldiers.

6.  The Applicant’s DA Form 20 (Enlisted Qualification Record), item 40
(Wounds) shows the applicant was wounded on 15 September 1969.
7.  The Vietnam Casualty list shows the applicant was wounded on 15
September 1969.

8.  The applicant provided a copy of his PH Certificate awarding him the PH
for wounds received in action on 15 September 1969 in the Republic of
Vietnam.

9.  The applicant’s service personnel records contain Headquarters 1st
Cavalry Division (Airmobile) General Orders Number 13454, dated 29 October
1969, which awarded him the BSM for meritorious service, not involving
participation in aerial flight, in connection with military operations
against a hostile force in the Republic of Vietnam from January 1969 to
January 1970.  The applicant also provided a copy of these orders.

10.  Records show the applicant is eligible for award of the Republic of
Vietnam Civil Actions Honor Medal, First Class which is not shown on his DD
Form 214.

11.  Records also show that the applicant was not issued the following
authorized awards listed on DA Form 20, item 41 (Awards and Decorations):
the National Defense Service Medal, the Vietnam Gallantry Cross Unit
Citation with Palm, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with Device 1960, 1 Overseas Service Bar, the Air Medal, the
BSM, and the BSM with “V” Device.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by the units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 2nd Battalion, 19th Artillery, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal, First Class
by Headquarters, Department of the Army General Orders Number 42, dated
1972.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal (BSM) is awarded in time of war for
heroism and for meritorious achievement or service.  As with all personal
decorations, formal recommendation, approval through the chain of command,
and announcement in orders is required.  Recommendations must be made
within 2 years of the event or period of service and the award must be made
within 3 years.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal (GCMDL) 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.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.  The applicant
is entitled to award of the Good Conduct Medal for the period 24 January
1968 to 31 December 1969.

16.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.  For Vietnam service, one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28
March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as a whole month for credit toward the overseas service
bar.  The applicant served from 1 January 1969 to 31 December 1969 and is
authorized 2 overseas service bars for his Vietnam service.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to
correction of his records to show awards which were omitted through
administrative error at the time the applicant was separated from active
duty.

2.  Orders show the applicant is entitled to and was awarded the BSM with V
Device for heroism and the BSM for meritorious service as an end of tour
award for his service in Vietnam.

3.  DA Form 20 (Item 40, Wounds), the Vietnam Casualty List, and the orders
for the BSM with “V” Device Orders all show the applicant was wounded and
is entitled to award of the PH.

4.  The applicant provided a copy of his PH Certificate showing he was
awarded the PH for wounds received on 15 September 1969.

5.  Orders show that the applicant is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal, First Class.

6.  Evidence of record also shows the applicant is entitled to award of two
Overseas Service Bars, and the Good Conduct Medal for the period 24 January
1968 to 31 December 1969.

BOARD VOTE:

__jhl___  __lds___  __rld___  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing he was awarded the PH, the BSM with Oak Leaf Cluster
and V Device, two Overseas Service Bars, the Republic of Vietnam Civil
Actions Honor Medal, First Class, and the Good Conduct Medal for the period
24 January 1968 to 31 December 1969.

2.  Issue to the individual concerned a DD Form 215 showing the following
awards: the PH, the BSM with Oak Leaf Cluster and V Device, two Overseas
Service Bars, the Republic of Vietnam Civil Actions Honor Medal, First
Class, and the Good Conduct Medal for the period 24 January 1968 to
31 December 1969.

3.  Issue to the individual concerned all authorized decorations and
awards.



                 Joann Langston
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003088418                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20031120                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0400                                |
|2.                      |107.0014                                |
|3.                      |107.0015                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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