RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 JUNE 2005
      DOCKET NUMBER:  AR20040006625


      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:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Marla Troup                   |     |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, two Bronze Star Medals, and the “Vietnamese Cross of
Gallantry.”

2.  The applicant states, in effect, that the awards were omitted from his
separation document.  He states he was assigned to the 101st Airborne
Division between 1968 and 1969.

3.  The applicant provides copies of his award citations in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 September 1969.  The application submitted in this
case is dated 24 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.  Records available to the Board indicate that the applicant was
commissioned as a United States Army Reserve Officer in July 1967 and
entered active duty in November 1967.

4.  He successfully completed training and was briefly assigned to Fort
Irwin, California before being reassigned to the 101st Airborne Division in
Vietnam in September 1968.  After an initial assignment with the 101st
Administration Company, in October 1968 he was assigned to the 1st
Battalion, 321st Artillery of the 101st Airborne Division.

5.  On 12 December 1968 the applicant sustained fragment wounds above his
right eye as a result of hostile action.  Medical treatment records
contained in his file confirm the combat wound.  Although his records do
not contain orders confirming his award of the Purple Heart, the award
certificate provided by the applicant indicates that he was awarded the
Purple Heart in August 1969, just prior to departing Vietnam.  The
certificate was signed by Major General John M. Wright, Jr., commander of
the 101st Airborne Division at the time and reflected the imprinted
signature of Stanley R. Resor, who was Secretary of the Army during the
period in question.

6.  The applicant’s file contains orders issued by the 101st Airborne
Division confirming his award of two Bronze Star Medals.

7.  According to the award certificate provided by the applicant, he was
awarded the Republic of Vietnam Gallantry Cross with Palm, as an individual
award on
1 August 1969.

8.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for processing of foreign awards and decorations
presented to individuals and units.  This regulation, in pertinent part,
governed award of the Republic of Vietnam Gallantry Cross as a personal
decoration.  This decoration is awarded to personnel who have conducted
themselves with heroic action and have displayed deeds of valor while
fighting the enemy.  The more gallant and noteworthy the act, the higher
the level of the award.  This decoration was awarded in four degrees: with
Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to
accept and to wear a personal award of the Republic of Vietnam Gallantry
Cross required approval by the Commanding General of United States Army
Vietnam.  As with all foreign awards, each recipient of an approved foreign
award was provided a copy of the original citation from the foreign
government, a translation of the citation if necessary, and a letter
authorizing the recipient to receive and wear the decoration.

9.  The applicant departed Vietnam in August 1969 and on 16 September 1969
was released from active duty with an honorable characterization of
service.  His separation document does not reflect entitlement to the
Purple Heart, Bronze Star Medals, or his individual award of the Republic
of Vietnam Gallantry Cross with Palm.

10.  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 four designated campaigns (Vietnam
Counteroffensive Phases V and VI, TET 69 Counteroffensive, and Vietnam
Summer-Fall 1969) during the applicant’s period of assignment.  Four bronze
service stars on the Vietnam Service Medal, vice the three bronze service
stars, which are recorded on his separation document, should reflect his
campaign participation.  The unit was also awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and one 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence in the applicant’s service medical records indicate that the
applicant was wounded as a result of hostile action and as such would have
been entitled to an award of the Purple Heart.

2.  While there are no orders in the applicant's available records awarding
him the Purple Heart, his award certificate is signed by the appropriate
commander and reflects the imprinted signature of the appropriate Secretary
of the Army.  It is also consistent with the information contained in his
service medical records.  In the absence of orders, or evidence to the
contrary, the Board accepts the applicant’s award certificate as
authentication of his award of the Purple Heart and concludes it would be
appropriate to add the award to his separation document.

3.  The evidence confirms the applicant was awarded two awards of the
Bronze Star Medal.  His records should be corrected accordingly.

4.  While the applicant does not have approval documents from the
Commanding General of United States Army Vietnam to wear his individual
award of the Republic of Vietnam Gallantry Cross with Palm, there is no
reason to question the authenticity of the certificate provided in support
of his request.  As such, in the interest of justice and equity, these
proceedings should serve as that approval and the decoration should be
added to his separation document.

5.  The evidence also shows that the applicant is entitled to four bronze
service stars, vice three bronze service stars on his Vietnam Service
Medal, as well as the Vietnam Gallantry Cross Unit Citation with Palm, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

BOARD VOTE:

___FE __  ___TO___  ___MT__  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 showing that he was awarded the Purple Heart and two Bronze
Star Medal;


      b.  by showing that he was awarded an individual decoration of the
Republic of Vietnam Gallantry Cross with Palm; and


      c.  by showing that he is entitled four bronze service stars, vice
      three
bronze service stars on his Vietnam Service Medal, as well as the Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.





                            ______ Fred Eichorn________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006625                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050602                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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