RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040005625


      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. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |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 reflect award
of the Purple Heart and the Air Medal.

2.  The applicant states he was wounded in Vietnam and that he had more
than 25 “air combat missions over Vietnam.”  He notes that he has a claim
to the Department of Veterans Affairs for PTSD (posttraumatic stress
disorder).

3.  The applicant provides a copy of his 1971 separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 February 1971.  The application submitted in this case
is dated
11 August 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
Air Medal.  There are no orders or other evidence authorizing award of this
decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Air 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 this decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

4.  Records available to the Board indicate that the applicant entered
active duty on 9 May 1969 and upon completion of training was assigned to
Vietnam as an infantryman in October 1969.  While in Vietnam he was
assigned to the 1st Battalion, 5th Cavalry, 1st Cavalry Division.



5.  On 7 March 1970 he was awarded an Army Commendation Medal with “V”
device for his heroic actions on 8 January 1970.  The award was confirmed
in orders issued by the 1st Cavalry Division.  However, the applicant’s
separation document merely reflects entitlement to the “ARCOM” (Army
Commendation Medal) without any indication that the award was for valor.
There is no indication in available records that the applicant was ever
awarded an Army Commendation Medal for service or achievement.

6.  According to a Western Union Telegram, an entry in item 40 (wounds) on
the applicant’s Department of the Army Form 20 (Enlisted Qualification
Record), a statement in his Army Commendation Medal with “V” device awarded
for his heroic actions on 8 March 1970, and his separation physical
examination, he was wounded as a result of hostile action 8 March 1970.  As
a result of his wounds he was medically evacuated from Vietnam.  There is,
however, no indication he was ever awarded the Purple Heart.

7.  Orders issued by the 1st Cavalry Division on 17 March 1970 confirmed
his second award of the Army Commendation Medal with “V” for his 8 March
1971 actions.  On 31 March 1970 orders were issued amending that order to
show the award was a second oak leaf cluster.  The second award was also
omitted from his separation document.

8.  The applicant was returned to duty as a clerk typist at Fort Leonard
Wood, Missouri, in May 1970 and on 9 February 1971 he was released from
active duty, in pay grade E-5, with an honorable characterization of
service.

9.  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.

10.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit 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
during his tenure with the organization.  The unit awards were also omitted
from his separation document.




11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal (VCM).  The Government of
Vietnam awarded this medal to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or service outside the geographical limits of the Republic of
Vietnam that contributed direct combat support to the Republic of Vietnam
and its Armed Forces.  Individuals who had qualified for award of the
Vietnam Service Medal or the Armed Forces Expeditionary Medal and were
evacuated prior to completing six months of service due wounds resulting
from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  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.

13.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of
hostile action on 8 March 1970 and as such, is entitled to an award of the
Purple Heart.  His records should be corrected accordingly.

2.  There is no evidence that the applicant was awarded an Army
Commendation Medal for service or achievement, although his separation
document contains an entry “ARCOM.”  The evidence confirms that in
actuality, he was awarded two awards of the Army Commendation Medal with
“V” and the “ARCOM” entry on his separation document was likely meant to
indicate entitlement to one of those decorations.

3.  The evidence shows that the applicant is also entitled to the Republic
of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Vietnam
Campaign Medal. His records should be corrected to reflect that
information.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 9 February 1971.  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 9 May 1969 to 9 February 1971.

BOARD VOTE:

__SP ___  ___PM __  ___DA __  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 8 March
1970;


      b.  by showing that he was awarded two awards of the Army
Commendation Medal with “V” device, vice the Army Commendation Medal
currently recorded on his separation document,

      c.  by showing that he is entitled to the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Vietnam Campaign
Medal; and


      d.  by awarding him the Army Good Conduct Medal for the period 9 May
1969 to 9 February 1971.





                            _____Shirley L. Powell________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005625                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|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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