RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040008392


      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.

2.  The applicant states that he received the Purple Heart when he was
discharged; however, there is no record that he was awarded the Purple
Heart.  He was with the 25th Infantry Division and the 4th Infantry
Division.  He was wounded in January 1968.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 October 1969.  The application submitted in this case
is dated    24 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 enlisted in the Army for three years on 20 March 1967,
trained as an infantryman, and in August 1967 was assigned to Company C,
             2nd Battalion, 12th Infantry, a 25th Infantry Division unit in
Vietnam.  On 23 March 1968 the applicant was medically evacuated to the
249th General Hospital in Japan.  On 28 March 1968 he was assigned to Fort
Benning, Georgia.  In October 1968 the applicant returned to Vietnam and
was assigned to the           3d Battalion, 8th Infantry, 4th Infantry
Division.  He completed his tour of duty and returned to the United States
at Fort Lewis, Washington.  During his two tours of duty in Vietnam he
participated in six campaigns.  The 2nd Battalion, 12th Infantry was
awarded the Valorous Unit Award for its actions while he was assigned to
that organization.  Both the 2nd Battalion, 12th Infantry and the 3d
Battalion,        8th Infantry were awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for their actions during the
period that he was assigned to those organizations.  He was released from
active duty in the grade of E-5 on             26 October 1969.  His DD
Form 214 does not show award of the Purple Heart.
His DD Form 214 shows award of the Vietnam Service Medal but in so doing
does not credit his with the number of campaigns in which he participated.

4.  A 26 October 1969 report of medical examination shows that the
applicant sustained shrapnel wounds to his left thigh.  In the report of
military history that he furnished for that examination, he stated that he
was in the hospital from      26 January 1968 to 21 March 1968 for surgery
on his left thigh because of shrapnel wounds.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
the applicant was wounded in action on 26 January 1968, sustaining a
fragmentation wound to his left thigh.

6.  The Vietnam Casualty Roster maintained at this agency shows that the
applicant was wounded in action on 26 January 1968.

7.  The applicant’s DA Form 20 shows that his conduct and efficiency were
excellent throughout his military service.  There is no derogatory
information contained in his records.

8.  The Army Good Conduct Medal is awarded for exemplary behavior,
efficiency, and fidelity in active Federal military service.  One of the
qualifying periods of service for the award is upon termination of service
on or after 27 June 1950, of less than 3 years but more than 1 year (for
first award only).

9.  The Vietnam Service Medal was awarded to all members of the Armed
Forces serving in Vietnam from 3 July 1965 through 28 March 1973.  One
bronze service star is authorized for each campaign.  A silver service star
is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 26 January 1968.  He is entitled
to award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in six campaigns during his two tours of
duty in Vietnam.  His record should be corrected to show award of the
Vietnam Service Medal with the silver service star and one bronze service
star.

4.  The applicant is entitled to award of the Valorous Unit Award, two
awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and two awards of the 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 all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart, the
Army Good Conduct Medal, the Vietnam Service Medal with the silver service
star and one bronze service star, the Valorous Unit Award, two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two
awards of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




                            ______Joe Schroeder_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008392                           |
|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.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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