RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 March 2004
      DOCKET NUMBER:   AR2003090610


      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:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Barbara J. Ellis              |     |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 military records to show award
of the Purple Heart for wounds sustained in Vietnam.

2.  The applicant states that after 34 years, he feels that he should be
“authorized the Purple Heart.”  He comments that he did the job that was
asked of him and that it was not his job to do the paperwork.

3.  The applicant provides copies of the following documents in support of
his request: his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge); Veterans Administration Form 21-6782 (Original
Disability Compensation); two responses from the Awards Branch, US Total
Army Personnel Command, to the applicant’s request for award of the Purple
Heart, and his response to that office.  The applicant’s response contains
a narrative version of the events surrounding his request for award of the
Purple Heart.  Lastly, the applicant submits two X-ray films, dated 10
April 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 14
July 1970.  The application submitted in this case is dated 8 May 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 that he was inducted on 15 July
1968.  He completed basic and advanced individual training, where he
trained in Military Occupational Specialty 11B10 (Light Weapons
Infantryman).  The applicant was then assigned to Vietnam where he served
from 12 December 1968 to 11 December 1969 with Company A, 2d Battalion,
35th Infantry, 4th Infantry Division.  He then returned to Fort Carson,
Colorado where he completed his service obligation and was honorably
separated from active duty in pay grade
E-4 on 14 July 1970.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal with two bronze service stars; the National Defense Service Medal;
the Army Commendation Medal; and, the Vietnam Campaign Medal.  No other
awards or decorations are listed.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.
There are no entries in item 40 (Wounds) of the applicant’s DA Form 20
(Enlisted Qualification Record) that show he was wounded as a result of
hostile action.  There is no indication in the applicant’s medical records
that he was wounded, or treated for wounds, as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for the period 29 July 1969 to 17 November
1970 by Department of the Army General Order Number 52, dated 1971.  This
document also shows that the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
1 August 1967 to 31 October 1969 by Department of the Army Number 53, dated
1970.

11.  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 VI; Tet 69
Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the overseas
service bar.  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 for the specific
time frames and areas of operation cited in Army Regulation 670-1 or
appropriate Department of the Army message. 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 whole months for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The two X-ray films submitted by the applicant were evaluated by the
medical staff of the Army Review Boards Agency and, while those films do
show what appears to be a metal fragment, the medical staff advised that
the fragment could be a result of any number of reasons.  In the absence of
more conclusive evidence, the applicant is not entitled to award of the
Purple Heart or correction of his records to show this decoration.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 15 July 1968 to 14 July
1970.  Therefore, he is entitled to correction of his records to show this
award.

3.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in four campaigns.  As a result, he is
entitled to award of two additional bronze service stars, and correction of
his records to show these appurtenances.

6.  Evidence of record shows that the applicant is eligible for two
overseas service bars.  Therefore he is entitled to correction of his
records to show this service bars.

BOARD VOTE:

___slp___  ___bje __  ____sac_  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 award of:

      a. the first award of the Good Conduct Medal, for the period 15 July
1968 to 14 July 1970;

      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;

      d. two additional bronze service stars, for a total of four, to be
affixed to the Vietnam Service Medal; and,

      e. two overseas service bars.

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 Purple Heart.





            _________Samuel A. Crumpler_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090610                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040309                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |