RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040003494


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      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 his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Army Good Conduct Medal,
Purple Heart, Bronze Star Medal, Army Commendation Medal, Presidential Unit
Citation, Meritorious Unit Commendation, the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

2.  The applicant states that his DD Form 214 reflecting those awards were
omitted.  He states that he served in Vietnam from 25 September 1967 to
    17 December 1967, and was wounded in action on 7 December 1967.

3.  The applicant provides a copy of a letter to him from the National
Personnel Records Center, a copy of his DD Form 214, a copy of his enlisted
qualification record, and a copy of the order awarding him the Purple
Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 April 1969.  The application submitted in this case is
dated          1 June 2004.

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 limitations 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 requested correction of his records to show award of the
Bronze Star Medal and the Army Commendation Medal.  There are no orders or
other evidence authorizing award of these decorations.  In the absence of a
proper award authority for these decorations, the applicant may request
award of the Bronze Star Medal and the Army Commendation Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for these decorations under Section 1130 and, as a result, they will not be
discussed further in the Record of Proceedings.

4.  The applicant was inducted into the Army on 11 April 1967 and was
assigned to Fort Benning, Georgia for basic combat training.  On 11 May
1967 the applicant received nonjudicial punishment under Article 15,
Uniform Code of Military Justice, for misconduct and was fined $35.00.  He
completed basic combat training and was assigned to Fort Polk, Louisiana
for training as an infantryman.  Subsequent to that training, in September
1967 the applicant was assigned to Company C, 4th Battalion, 39th Infantry
of the 9th Infantry Division in Vietnam.  He was wounded in action on 7
December 1967, and evacuated to the Army hospital at Fort Gordon, Georgia
for treatment.  In October 1968 he was assigned as an infantryman to Fort
Benning, Georgia.  The applicant was released from active duty at Fort
Benning on 10 April 1969 in the grade of E-4  with an honorable
characterization of service.  His official military personnel file (OMPF),
contains no derogatory information, other than the above record of
nonjudicial punishment.  His DD Form 214 does not reflect the awards that
he is requesting.

5.  On 24 July 1997 the applicant’s DD Form 214 was corrected to show award
of the Purple Heart.  Copies of the DD Form 215 effecting that correction
are contained in the applicant’s official military personnel file.

6.  The Presidential Unit Citation and the Meritorious Unit Commendation
are unit awards to recognize outstanding heroism or exceptionally
meritorious conduct in the performance of outstanding services.

7.  The Unit Citation and Campaign Participation Credit Register contains a
register of unit citations and campaign participation credits for the
Vietnam conflict, to include the Presidential Unit Citation and the
Meritorious Unit Commendation.  That register shows that the 4th Battalion,
39th Infantry was awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation for its actions during the period of the
applicant’s assignment to that organization.  That register does not show
that the 4th Battalion, 39th Infantry was credited with any other awards
during the applicant’s assignment to that organization.

8.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that he received nonjudicial punishment one
time, during his basic combat training, the evidence shows that his service
was honorable.  He was an infantryman and served in Vietnam until he was
wounded in action, and served honorably thereafter.  He is entitled to
award of the Army Good Conduct Medal.

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

3.  The applicant was wounded in Vietnam and was awarded the Purple Heart.
His 10 April 1969 DD Form 214 was corrected to reflect that award.
Apparently, however, he has not received a copy of that correction.  There
is no action for the Board to take in this regard; however, the Case
Management Support Division at St. Louis will be requested to furnish the
applicant a copy of the correction to his DD Form 214.

4.  There is no evidence to show that the 4th Battalion, 39th Infantry was
awarded the Presidential Unit Citation or the Meritorious Unit Commendation
for its actions in Vietnam.  Therefore, the applicant is not entitled to
those awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TH __  ___RO __  ___JG __  GRANT PARTIAL 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 award of the Army Good
Conduct Medal, the  Republic of Vietnam Gallantry Cross Unit Citation with
Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

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 Presidential Unit Citation and the Meritorious Unit
Commendation.

3.  The Case Management Support Division in St. Louis is requested to
furnish the applicant a copy of the 24 July 1997 DD Form 215 correcting the
applicant’s 10 April 1969 DD Form 214 to show award of the Purple Heart.




                            _____Thomas Howard________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003494                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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