RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 January 2004
      DOCKET NUMBER:  AR2003089404


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Mr. William D. Powers             |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show awards of the
“Purple Heart with Gold Oak Leaf Cluster, the Bronze Star Medal, the Army
Commendation Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit
Citation, and the Vietnam Campaign Medal w/Device.”

2.  The applicant states, “I know that I can not receive these medals from
the DOD but I would like to have them added to my DD 214.”

3.  The applicant does not provide any documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
20 December 1968.  The application submitted in this case is dated 9 April
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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this 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 that he enlisted in the Army on
9 September 1965.  He underwent basic combat and advanced individual
training in Military Occupational Specialty (MOS) 11B10 (Light Weapons
Infantryman).  The applicant attended basic airborne training prior to
serving at various installations in the United States, then deploying to
Vietnam with Company C, 1st Battalion, 506th Infantry on 3 December 1967.
He returned from Vietnam on 5 September 1968 and was honorably separated
from the Army on 20 December 1968 in pay grade E-5.

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), authenticated in his own hand, shows that he is
entitled to the following decorations: the Vietnam Service Medal; the
National Defense Service Medal; the Vietnam Campaign Medal; the Combat
Infantryman Badge; the Parachutist Badge; and, one overseas service bar.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he was wounded as a result of hostile action on 30 April
1968.

6.  Western Union telegram, dated 4 May 1968, addressed to the applicant’s
parents, indicates that the applicant was wounded, as a result of hostile
action, on 30 April 1968.

7.  Commanding General, US Army Vietnam, message, dated 3 May 1968,
indicates that the applicant was wounded as a result of hostile fire, on 30
April 1968.

8.  The applicant’s name is listed once on the Vietnam Casualty Roster.
The portion of the roster that identifies the date of wounding is not
legible.

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

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Vietnam War.  This document shows the unit to which the
applicant was assigned, was cited for award of the Valorous Unit Award for
actions during the period 13 June 1968 to 23 September 1968 by Department
of the Army General Orders Number 52, dated 1974.  The applicant’s unit was
also cited for award of the Meritorious Unit Commendation for actions
during the period 14 March 1968 to 3 October 1968 by Department of the Army
General Orders Number 22, dated 1976, and amended by Department of the Army
General Orders Number 5, dated 1977.

12.  Department of the Army Pamphlet 672-3 also shows that the unit to
which the applicant was assigned was cited for Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 43, dated 1970.

13.  Headquarters, 3d Training Brigade (Infantry), US Army Training Center,
Fort Gordon, Georgia, Special Orders Number 188, dated 28 December 1965,
announced award of the Expert Marksmanship Badge, with Recoilless Rifle
Bar, to the applicant.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive, Phase III; Tet
Counteroffensive; Vietnam Counteroffensive, Phase IV; and, Vietnam
Counteroffensive, Phase V.

15.  Army Regulation 600-8-22 states that the Republic of Vietnam Campaign
Medal with Device (1960) and the miniature medal are items of individual
purchase.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record clearly shows that the applicant was wounded in
Vietnam, as a result of hostile action, on 30 April 1968.  Therefore, he is
entitled to award of the Purple Heart and correction of his records to show
this award.

2.  There is no evidence, and the applicant has not provided any evidence,
that he was wounded, as a result of hostile action, on any other occasion.
Therefore, he is not entitled to a subsequent award of the Purple Heart.

3.  There are no orders or certificates, and the applicant has not provided
a copy of orders or certificates, awarding him the Bronze Star Medal.
There is no evidence of any documentation ever being submitted,
recommending the applicant for award of Bronze Star Medal.  Therefore, the
applicant is not entitled to have his records corrected to show this award.

4.  There are no orders or certificates, and the applicant has not provided
a copy of orders or certificates, awarding him the Army Commendation Medal.
 There is no evidence of any documentation ever being submitted,
recommending the applicant for award of Army Commendation Medal.
Therefore, the applicant is not entitled to have his records corrected to
show this award.

5.  General Orders show that the applicant’s unit was awarded the Valorous
Unit Award while he was assigned to the unit.  Therefore, he is entitled to
correction of his records to show this unit award.

6.  General Orders show that the applicant’s unit was awarded the
Meritorious Unit Commendation while he was assigned to the unit.
Therefore, he is entitled to correction of his records to show this unit
award.

7.  Evidence of record shows that the applicant’s unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to the unit.  Therefore, he is entitled to correction of his
records to show this unit award.

8.  Special Orders show that the applicant was awarded the Expert
Marksmanship Badge, with Recoilless Rifle Bar.  Therefore, he is entitled
to correction of his records to show this badge.

9.  The applicant’s military records show that he is entitled award of the
Vietnam Campaign Medal.  Therefore, he is entitled to purchase and wear the
Republic of Vietnam Campaign Medal with Device (1960) and the miniature
medal.

10.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

__alr____  ___wdp _  ____mkp   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 that the
applicant was awarded the Purple Heart for wounds sustained, as a result of
hostile action, in the Republic of Vietnam, on 30 April 1968.

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:

      a. award of the Purple Heart, 1st oak leaf cluster;


      b. award of the Bronze Star Medal; and,


      c. award of the Army Commendation Medal.
3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show:

      a.  award of the Valorous Unit Award;


      b. award of the Meritorious Unit Commendation;


      c. award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and,


      d. award of the Expert Marksmanship Badge, with Recoilless Rifle Bar.




            ________Margaret K. Patterson__________
                    CHAIRPERSON




                                    INDEX

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