RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 JUNE 2004
      DOCKET NUMBER:   AR2004101530


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 award of the Purple Heart.

2.  The applicant states he was wounded and evacuated in April or May 1970.
 He believes that he was not awarded the Purple Heart because he did not
return to his original unit of assignment following medical treatment.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 May 1973.  The application submitted in this case is dated
23 November 2003.

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 limitation 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 22 September 1969.  He successfully completed
basic and advanced individual training and was assigned to Vietnam as a
gunner with the 4th Battalion, 31st Infantry, in March 1970.

4.  According to a medical treatment form, the applicant sustained a
fragment wound to his right index finger on 1 May 1970.  The wound was
treated and reported as a battle casualty.  The document also notes that
the medical treatment facility did not award the applicant the Purple
Heart.  The applicant's wound is also confirmed in item 40 (wounds) on his
Department of the Army Form 20 (Enlisted Qualification Record).

5.  On 21 May 1970 the applicant was honorably discharged for the purpose
of immediate reenlistment.  He reenlisted for a period of 3 years on 22 May
1970.

6.  On 26 June 1970 the applicant was reassigned to a transportation
company and on 1 July 1970 orders were issued by the Americal Division
awarding the applicant the Combat Infantryman Badge.  The badge, however,
was omitted from his separation document.

7.  Prior to departing Vietnam, in December 1970, the applicant was awarded
an Army Commendation Medal.  That decoration is reflected on his separation
document.

8.  Following the applicant's return to the United States, he was assigned
to Fort Carson, Colorado for the duration of his enlistment contract.
While at Fort Carson, he was promoted to pay grade E-5.

9.  On 23 May 1973 the applicant was released from active duty with an
honorable characterization of service.  His conduct and efficiency ratings
throughout his military service were recorded as excellent.

10.  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.

11.  A review of Department of the Army Pamphlet 672-3 notes that the
applicant is entitled to the Republic of Vietnam Gallantry Cross Unit
Citation with Palm by virtue of his assignment with the 31st Infantry and
that he would have participated in three designated campaign periods
(Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, Vietnam
Counteroffensive Phase VII).  His campaign participation should be
reflected by three bronze service stars on his Vietnam Service Medal vice
the two bronze service stars which are currently shown.

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 Army 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.




DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in action and as
such is entitled to an award of the Purple Heart.

2.  The evidence also confirms that the applicant was awarded the Combat
Infantryman Badge.  The badge, however, was omitted from his separation
document.  His records should be corrected accordingly.

3.  The evidence confirms that the applicant is also entitled to the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and three
bronze service stars on his Vietnam Service Medal vice the two currently
shown.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 21 September 1972.  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 22 September 1969 through 21 September 1972.

BOARD VOTE:

___MP __  ___WP__  ___MB  _  GRANT 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:

      a.  awarding him the Purple Heart;


      b.  showing that he was awarded the Combat Infantryman Badge;


      c.  showing that he is entitled to the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and three bronze service stars on his Vietnam
Service Medal, vice the two currently shown; and


      d.  awarding him the Army Good Conduct Medal for the period
22 September 1969 through 21 September 1972.




            ___Margaret Patterson____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101530                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040617                                |
|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.                      |                                        |