RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040009194


      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 the award was omitted from his DD Form 214
(Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a copy of a
certificate showing that he was awarded the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 April 1970.  The application submitted in this case is
dated         13 October 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 was inducted into the Army on 18 April 1968, trained as
an infantryman, and in September 1968 was assigned to Company B, 1st
Battalion, 11th Infantry of the 1st Brigade, 5th Infantry Division, in
Vietnam.  In October 1968 he was transferred to Company C of that
battalion.

4.  On 15 November 1968 the applicant received nonjudicial punishment under
Article 15, Uniform Code of Military Justice, for failure to go to his
place of duty.

5.  The applicant’s medical records show that he was treated for a wound to
the inner thigh of his right leg on various occasions in March 1969.

6.  On 3 September 1969 Headquarters XXIV published orders awarding the
applicant the Army Commendation Medal for meritorious service for the
period September 1968 to September 1969.

7.  The applicant completed his tour of duty and returned to the United
States in September 1969.  He participated in four campaigns during his
tour of duty in Vietnam, and the 1st Battalion, 11th Infantry was awarded
the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its
actions while the applicant was assigned to that organization.  Company B
was awarded the Navy Meritorious Unit Commendation for its actions while
the applicant was assigned to that unit.

8.  In October 1969 the applicant was assigned to Fort Riley, Kansas.  He
was released from active duty at Fort Riley on 17 April 1970.  Prior to his
release he underwent a medical examination.  The 2 March 1970 report of
medical examination shows that he had sustained a shrapnel wound.  The
applicant’s     DD Form 214 shows award of the Vietnam Service Medal but in
so doing does not credit him with the number of campaigns in which he
served.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency throughout his military service were excellent.

10.  The Vietnam Casualty Roster maintained at this agency shows that the
applicant was wounded in action on 1 March 1969.

11.  Army Regulation 600-8-22 provides that the 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.

12.  The Vietnam Service Medal is 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 star is worn
instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action.  His record should reflect award
of the Purple Heart.

2.  The applicant was awarded the Army Commendation Medal.  His record
should reflect that award.

3.  Notwithstanding the fact that the applicant received nonjudicial
punishment on one occasion during his military service, he served his
country faithfully and honorably.  The applicant is entitled to award of
the Army Good Conduct Medal.
4.  The applicant is entitled to award of the Vietnam Service Medal with
four bronze service stars (one for each campaign).

5.  The applicant is entitled to award of the Navy Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.

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,
Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal
with four bronze service stars, Navy Meritorious Unit Commendation, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.




                            ______Joe Schroeder________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009194                           |
|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.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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