RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JULY 2005
      DOCKET NUMBER:  AR20040008165


      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. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Stanley Kelley                |     |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 that he
was awarded the Purple Heart and that the third through fifth digits of his
service number are 961 vice 676.

2.  The applicant states his separation document does not reflect
entitlement to the Purple Heart and that it reflects an incorrect service
number.

3.  The applicant provides copies of two different orders which reflect his
correct service number.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 June 1970.  The application submitted in this case is
dated
23 September 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 13 March 1968.  His record of induction notes
that his third through fifth digits of his service number are 961.  Those
same digits are reflected on a variety of documents in the applicant’s
file, including his security clearance document.  Files maintained at the
National Personnel Records Center for the applicant also reflect those
digits in his service number.

4.  On several other documents, including his Department of the Army Form
20 (Enlisted Qualification Record), Geneva Convention Card, and a 1969
reassignment order, the third through fifth digits of his service number
were recorded as 676.  Those are the digits reflected on his 1970
separation document.

5.  The applicant’s file indicates that he was assigned to the 2nd
Battalion, 17th Artillery in Vietnam between February 1969 and December
1969.  Although his records do indicate that he was evacuated from Vietnam
in a patient status, there is no indication in his files that he was ever
wounded as a result of hostile action or awarded the Purple Heart.

6.  On 21 January 1970 the applicant was released from active duty, in pay
grade E-4, with an honorable characterization of service.

7.  There were no service medical records available to the Board or
provided by the applicant and item 40 (wounds) on his Department of the
Army Form 20 was blank.  His name was not among a list of individuals
reported as combat casualties during the Vietnam War.

8.  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.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

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 Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970) during the applicant’s period of
assignment.  Four bronze service stars on the Vietnam Service Medal, which
is 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.  The unit award was also omitted from his
separation document.

11.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of the Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam 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 more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

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.  Unfortunately, there is no medical evidence which confirms that the
applicant was wounded as a result of hostile action.  In the absence of
such evidence, there is no basis for an award of the Purple Heart.

2.  The evidence does, however, support a conclusion that the applicant’s
third through fifth digits of his service number are 961 vice 676.  The
fact that those digits are recorded on his induction documents, on his
security clearance documents, documents which were initiated at the time
the applicant enter the military, as well as on the files maintained at the
National Personnel Records Center, is sufficiently compelling to conclude
that the digits on his separation document were incorrect.  It would be
appropriate, and in the interest of justice and equity to correct his
separation document accordingly.

3.  The evidence also shows that the applicant is entitled to four bronze
service stars on his Vietnam Service Medal, the Vietnam Campaign Medal, and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 21 January 1970.  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 13 March 1968 through
21 January 1970.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS  __  ___SP __  __SK ___  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:

      a.  by changing the third through fifth digits of the service number
recorded on his 1970 separation document to read 961 vice 676;


      b.  by showing that he is entitled to four bronze service stars on his
Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm; and


      c.  by awarding him the Army Good Conduct Medal for the period
13 March 1968 to 21 January 1970.

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 Purple Heart.



                            _______John Slone________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008165                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050712                                |
|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.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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