RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 February 2004
      DOCKET NUMBER:   AR2003091379


      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. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Mae M. Bullock                |     |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 as a result of enemy action while
serving in Vietnam on 6 March 1969.

2.  The applicant states, in effect, that he would like to correct his
records to “show proper award” and to be eligible to apply for Veterans
Administration medical care.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a copy of a certificate
awarding him the Purple Heart and a copy of a Western Union telegram, dated
7 March 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 8 May
1970.  The application submitted in this case is dated 9 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 9 May
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 as a helicopter
door gunner in A Troop, 7th Squadron, 1st Cavalry Division, from 8 October
1968 to 22 March 1969.  The applicant was medically evacuated to Japan on
23 March 1968, then to Fitzsimmons General Hospital, Denver, Colorado,
where he remained until being reassigned to Fort Lewis, Washington.  The
applicant completed his service obligation and was honorably separated from
active duty on 8 May 1970 in pay grade E-4.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he was awarded the Air Medal, the Vietnam Service Medal, the
National Defense Service Medal, the Vietnam Campaign Medal, the Expert
Marksmanship Badge with Machinegun Bar and one overseas service bar.  No
other awards or decorations are listed.
5.  Headquarters, 99th Evacuation Hospital (SMBL) General Orders Number 52,
dated 7 March 1969, announced award of the Purple Heart to the applicant
for wounds received in connection with military operations against a
hostile force on 6 March 1969.

6.  Army Regulation 600-8-22 (Military Awards) provides that the 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.

7.  Department of the Army General Order Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

8.  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 V; Vietnam
Counteroffensive, Phase VI; and, Tet 69 Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Purple Heart for
injuries received as a result of enemy action on 6 March 1969.  Therefore,
he is entitled to correction of his records to show this decoration.

2.  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 period of qualifying service and there is no
indication of indiscipline in his service personnel records.  The applicant
is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 9 May 1968 to 8 May 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.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result is entitled
to award of three bronze service stars and correction of his records to
show these appurtenances.


BOARD VOTE:

___aao__  ___jtm __  ____mmb  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 showing award of:


      a. the Purple Heart;


      b. the first award of the Good Conduct Medal for the period 9 May 1968
to 8 May 1970;


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


      d. three bronze service stars, to be affixed to the Vietnam Service
Medal.





            _________Arthur A. Omartian___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091379                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040226                                |
|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.                      |                                        |