RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 APRIL 2005
      DOCKET NUMBER:  AR20040008514


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Olson                   |     |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 award of
the Army Commendation Medal and the Purple Heart.  He states that he also
believes that he should have received a Bronze Star Medal "for bravery”
which would actually be an award of the Bronze Star Medal with “V” device.

2.  The applicant states his separation document does not show award of the
Purple Heart or Army Commendation Medal and that he also believes he should
have received the Bronze Star Medal with “V” device.

3.  The applicant provides a copy of his Army Commendation Medal and Purple
Heart award certificates, as well as a copy of a newspaper extract document
his saving the life of another Soldier while under fire.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1967.  The application submitted in this case
is dated
27 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 the
Bronze Star Medal with “V” device.  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
Bronze Star Medal with “V” device 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 was inducted
and entered active duty on 1 December 1965.  He was trained in the supply
field and by July 1966 was assigned to the 5th Battalion, 60th Infantry, at
Fort Riley, Kansas.

5.  In December 1966, as part of a unit move, the applicant was reassigned
to Vietnam.

6.  According to a clinical record sheet, the applicant sustained a
shrapnel wound to his forehead on 8 March 1967 from a hostile mortar
fragment.  Although his records do not contain a copy of orders confirming
his award of the Purple Heart, the certificate provided by him in support
of his request indicates he was awarded the Purple Heart on the 10th of
March 1967.  A medical corps officer, in his position as commander of a
medical facility, authenticated his award certificate and the certificate
bears the imprinted signature of Stanley R. Resor, who was Secretary of The
Army at the time.

7.  The applicant's file does contain orders confirming his award of the
Army Commendation Medal with "V" device, which recognized his heroic
actions on
8 March 1967.  The award citation, the public affairs release document, and
the newspaper article all indicated that the applicant was recognized for
rescuing another wounded Soldier while under constant exposure to exploding
enemy mortar rounds.

8.  As a result of the applicant's combat wounds, he was medically
evacuated from Vietnam on 13 March 1967 and returned to duty at Fort
Carson, Colorado.

9.  He was released from active duty with an honorable characterization of
service on 30 November 1967 in pay grade E-5.  His separation document
reflects entitlement to the National Defense Service Medal and the Vietnam
Service Medal.

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 three designated campaigns (Vietnam
Counteroffensive Phases II and III, and TET Counteroffensive) during the
applicant’s period of assignment.  Three 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 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 in action.
Although his records do not contain copies of orders confirming his award
of the Purple Heart, the award certificate provided by the applicant is
sufficient to conclude that he was awarded the Purple Heart.  His records
should be corrected accordingly.




2.  The evidence does confirm that he was awarded the Army Commendation
Medal with "V" device.  His records should be corrected to reflect that
award.

3.  The evidence also confirms that the applicant is entitled to three
bronze service stars on his Vietnam Service Medal, 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.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 30 November 1967.  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 1 December 1965 through 30 November 1967.

BOARD VOTE:

__RW___  ___LB___  __LO ___  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 the Army
Commendation Medal with “V” device;


      b.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal, 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


      c.  by awarding him the Army Good Conduct Medal for the period
1 December 1965 through 30 November 1967.




                            ____ Raymond Wagner_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050419                                |
|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.                      |                                        |


-----------------------
[pic]