RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         09 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101542


      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. James Vick                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Linda Simmons                 |     |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 separation document be corrected to
reflect award of the Army Commendation Medal with “V” device and the Purple
Heart.

2.  The applicant states the awards were not included on his separation
document.

3.  The applicant provides a copy of his separation document in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 June 1971.  The application submitted in this case is
dated
19 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 entered
active duty on 31 October 1968 and was trained as an armor crewman.  In
June 1969 he was assigned to Vietnam as a member of the 1st Squadron, 11th
Armored Cavalry Regiment.

4.  As a result of the applicant’s heroic actions on 6 September 1969, he
was awarded an Army Commendation Medal with “V” device.  Orders issued by
the
II Field Force in Vietnam confirmed the award.  However, the award was
omitted from his separation document.

5.  According to a Western Union Telegram to the applicant’s mother, the
applicant sustained fragment wounds to his left shoulder and the right side
of his face on 11 September 1969 while driving “a military vehicle on a
combat operation when a hostile force was encountered.”  The applicant was
hospitalized and ultimately evacuated to Fort Gordon, Georgia, in October
1969. There is no indication that he was ever awarded the Purple Heart.

6.  On 2 June 1971 the applicant was honorably discharged in pay grade E-4
as a result of an approved hardship discharge.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit awarded
the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his
tenure with the organization.  The unit award was also omitted from his
separation document.

8.  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.

9.  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.

10.  Army Regulation 600-8-22 states that the Government of the Republic of
Vietnam awarded the Republic of Vietnam Campaign Medal to individuals who
served in the Republic of Vietnam for a period of 6 months between 1 March
1961 and 28 March 1973.  Individuals serving less than 6 months who were
wounded by hostile forces are also entitled to the award.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded an Army
Commendation Medal with “V” device.  His records should be corrected
accordingly.

2.  The evidence also confirms that the applicant was wounded as a result
of hostile action on 11 September 1969.  He is entitled to an award of the
Purple Heart.

3.  The applicant is also entitled to the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Campaign Medal.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 2 June 1971.  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 31 October 1968 through
2 June 1971.

BOARD VOTE:

___JV___  ___JA___  ___LS___  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:

      a.  showing that he was awarded the Army Commendation Medal with “V”
device;


      b.  awarding him the Purple Heart;


      c.  showing that he is entitled to the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Campaign Medal;
and


      d.  awarding him the Army Good Conduct Medal for the period 31 October
1968 through 2 June 1971.





                            ______James Vick________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101542                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040909                                |
|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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