RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040008389


      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. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |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 record be corrected to show award of
the Purple Heart, that the date on the certificate awarding him the Purple
Heart show that he was wounded in action on 14 February 1968, not 21
February 1968 as shown on the certificate, and that he be awarded a medal
for his bravery in action on 14 February 1968.

2.  The applicant states that his certificate awarding him the Purple Heart
showing that he was wounded in action on 21 February 1968 is incorrect.  He
was wounded in action on 14 February 1968.  The award of the Purple Heart
is not reflected on his DD Form 214 (Report of Transfer or Discharge).  He
was overlooked for a medal as a result of his performance in combat and
extreme bravery on 14 February 1968 while serving as a machine gunner in
Vietnam.

3.  The applicant provides a copy of a certificate showing that he was
awarded the Purple Heart for wounds received in action on 21 February 1968,
and a narrative detailing his actions in combat on 14 February 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 March 1970.  The application submitted in this case is
dated       28 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.  The applicant requested correction of his records to show award of a
medal for bravery in Vietnam.  There are no orders or other evidence
authorizing award of a medal for heroism or gallantry in action.  In the
absence of a proper award authority for such a decoration, the applicant
may request award of a medal for heroism or gallantry in action 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 type of decoration under Section 1130 and, as a result, it will
not be discussed further in the Record of Proceedings.

4.  The applicant enlisted in the Army for three years on 7 March 1967,
completed training and in December 1967 was assigned as a rifleman to
Company B, 3d Battalion, 47th Infantry, in Vietnam.

5.  A casualty report, dated 20 February 1968, shows that the applicant
sustained a gunshot wound to his left leg on 14 February 1968 while engaged
with a hostile force in a firefight.  On 22 February 1968 The Adjutant
General notified the applicant’s parents that he was wounded in action on
14 February 1968.

6.  On 23 February 1968 the 24th Evacuation Hospital published General
Orders Number 38 awarding the applicant the Purple Heart for wounds
received in action on 21 February 1968.

7.  The applicant was evacuated to the United States in March 1968 and
assigned as a patient to Madigan General Hospital in Tacoma, Washington.

8.  The applicant participated in two campaigns during his tour of duty in
Vietnam and the 3d Battalion, 47th Infantry was awarded the Presidential
Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, for its actions while the applicant was
assigned to that organization.

9.  In June 1968 the applicant was assigned to Fort Campbell, Kentucky.  On
     8 May 1969 the applicant received nonjudicial punishment under Article
15, Uniform Code of Military Justice for missing a reveille formation.

10.  The applicant was released from active duty at Fort Campbell in the
grade of E-4 on 6 March 1970.  His DD Form 214 shows that he was wounded on
          14 February 1968, but does not reflect award of the Purple Heart.

11.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency were excellent in all his assignments during his
military service.

12.  The Army 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.  The applicant was wounded in action on 14 February 1968 as he contends,
and he was awarded the Purple Heart.  His DD Form 214 should reflect that
award

2.  The 24th Evacuation Hospital order awarding him the Purple Heart and
the certificate reflecting that award indicating that he was wounded in
action on       21 February 1968 are incorrect.

3.  Consequently, the 24th Evacuation Hospital General Orders Number 38,
dated 23 February 1968, should be amended to show that the applicant was
wounded in action on 14 February 1968.  The applicant’s certificate
awarding him the Purple Heart for wounds received in action on 21 February
1968 cannot properly be corrected.  Thus, he should be issued a new
certificate showing award of the Purple Heart for wounds received in action
on 14 February 1968.

4.  Notwithstanding the punishment he received in May 1969 for a minor
infraction of discipline, the applicant served his country faithfully and
honorably.  He is entitled to award of the Army Good Conduct Medal.

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

BOARD VOTE:

___JS___  ___LF___  ___JM __  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:

      a.  all Department of the Army records of the individual concerned be
corrected by showing award of the Purple Heart, the Army Good Conduct
Medal, Presidential Unit Citation, Meritorious Unit Commendation, Republic
of Vietnam Gallantry Cross Unit Citation with Palm, and Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation;


      b.  the 24th Evacuation Hospital General Orders Number 38, dated
    23 February 1968, be amended to show that the applicant was wounded in
action on 14 February 1968; and


      c.  the applicant be issued a new certificate showing award of the
Purple Heart for wounds received in action on 14 February 1968.





                            ______Joe Schroeder_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008389                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|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.                      |110.04                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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