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ARMY | BCMR | CY2004 | 040004458C070208
Original file (040004458C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 FEBRUARY 2005
      DOCKET NUMBER:  AR20040004458


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 records be corrected to show award of
the Purple Heart.

2.  The applicant states he was wounded in Vietnam and awarded the Purple
Heart but the award was omitted from his separation document.

3.  The applicant provides a copy of an unsigned statement confirming his
entitlement to an award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1968.  The application submitted in this case is
dated
9 July 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 20 July 1966.  He was trained as a field
wireman.

4.  In June 1967 he was assigned as a wireman with the 2nd Battalion, 94th
Artillery.  Medical documents contained in his file confirm that he was
wounded as a result of hostile action on 24 January 1968.  Although his
file contains several statements indicating that he was entitled to an
award of the Purple Heart, the award is not reflected on his separation
document, and his file contains no orders confirming the award.

5.  As a result of the applicant's injuries, he was evacuated from Vietnam
and on 30 April 1968 was released from active duty with an honorable
characterization of service under a program which permitted the early
separation of individuals released from medical holding detachments.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

7.   Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s record contains only
excellent conduct and efficiency ratings and no records of any disciplinary
actions.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Vietnam
Counteroffensive Phase III) during the applicant’s period of assignment.
One bronze service star on the Vietnam Service Medal, which is recorded on
his separation document, should reflect his campaign participation.  The
unit was also awarded a Navy Presidential Unit Citation during his tenure
with the organization.  The unit award was also omitted from his separation
document.

9.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.





DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in action on
24 January 1968 and as such, is entitled to an award of the Purple Heart.

2.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 30 April 1968.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 20 July 1966 through
30 April 1968.

3.  The evidence also confirms that the applicant is entitled to one bronze
service star on his Vietnam Service Medal, a Navy Presidential Unit
Citation, and the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.

BOARD VOTE:

___YM __  ___RW__  ___JR __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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:

      a.  by awarding him the Purple Heart for wounds sustained on 24
January 1968;


      b.  by awarding him the Army Good Conduct Medal for the period 20 July
1966 through 30 April 1968; and


      c.  by showing that he is entitled to one bronze service star on his
Vietnam Service Medal, a Navy Presidential Unit Citation, and the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.




                            ___ Yolanda Maldonado_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004458                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050224                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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