RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101780


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |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, the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, the Republic of Vietnam Campaign Medal, and the second award of
the Army Good Conduct Medal.

2.  The applicant states that he only recently looked at his DD Form 214
(Report of Transfer or Discharge) when applying for benefits from the
Department of Veterans Affairs (VA).  He states that he was wounded by
shrapnel during the fighting in November 1965 when his reconnaissance
patrol was crossing a river.

3.  The applicant provides a copy of a statement from a former comrade, a
copy of a description of the Republic of Vietnam Gallantry Cross, and
copies of his two DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 January 1966.  The application submitted in this case
is dated   20 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.  The applicant enlisted in the Army for 3 years on 30 November 1960,
trained as an infantryman, and in May 1961 was assigned to an infantry
company in Korea.  He returned to the United States and was assigned to
Fort Ord, California.  He was discharged in pay grade E-4 on 24 January
1963 in order to reenlist.  He reenlisted for 3 years on the following day.


4.  In March 1963 the applicant was again assigned to Korea, as an
infantryman with an infantry battalion of the 32nd Infantry [Regiment].  He
returned to the United States in April 1964 and was assigned to the 2nd
Battalion, 28th Infantry at Fort Riley, Kansas.  On 2 February 1965 he was
awarded the Good Conduct Medal (first award) for the period 2 February 1962
to 1 February 1965.

5.  In October 1965 he moved with the 2nd Battalion, 28th Infantry to
Vietnam.  In January 1966 he returned to the United States.  The applicant
participated in two campaigns during his tour in Vietnam, and the 2nd
Battalion, 28th Infantry was 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 its actions while the applicant
was assigned to that unit.

6.  The applicant was released from active duty on 23 January 1966.  His
     DD Form 214 shows award of the Good Conduct Medal (first award) and
the Combat Infantryman Badge.  It does not show award of the Purple Heart
or any of the other awards which he is requesting.

7.  The applicant's 23 January 1966 report of medical examination does not
indicate that he was wounded in action, nor does the report of medical
history that he furnished for the examination.  His service record does not
list any wounds received through enemy action.

8.  In an undated letter to the applicant, a former comrade questioned why
the applicant did not receive the Purple Heart, stating that he remembered
that the applicant received some shrapnel in his leg while trying to cross
a river on a reconnaissance mission.  He stated that he remembered that the
applicant's wound was patched up but that he kept on going.

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound 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, and the medical treatment must have
been made a matter of official record.

10.  The applicant's name is not listed on the Vietnam Casualty Roster
maintained by this agency.

11.  The Army 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 Republic of Vietnam Campaign Medal is awarded to members of the
Armed Forces who have served in Vietnam for six months, or to those members
who have served less than six months and who have been wounded by hostile
forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that he was wounded in action is not disputed,
nor is the statement from his comrade supporting his contention; however,
the applicant's records, to include his medical documents, do not show that
he was wounded in action, and there is no other medical evidence to
substantiate his claim.  Consequently, there is insufficient evidence to
grant his request for award of the Purple Heart.

2.  The applicant served from 30 November 1960 to 23 January 1966.
Ordinarily, if determined to be entitled, he would have received an award
of the Army Good Conduct Medal from 30 November 1960 to 29 November 1963, a
three-year period.  He would not, however, have been eligible for a second
award of the Army Good Conduct Medal.  There is no explanation concerning
that award for the period 2 February 1962 to 1 February 1965; however,
regularity is presumed. Regardless of the period of the award, he is not
entitled to a second award of the Army Good Conduct Medal.

3.  The applicant did not serve six months in Vietnam and he has not
provided sufficient evidence to show that he was wounded in action.  He is
not entitled to award of the Republic of Vietnam Campaign Medal.

4.  The applicant participated in two campaigns during his tour in Vietnam.
 He is entitled to award of the Vietnam Service Medal with two bronze
service stars (one for each campaign).

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM__  ___WP__  ___RW _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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
Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart, the second award of the Army Good Conduct Medal,
and the Republic of Vietnam Campaign Medal.




            ____Walter Morrison_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101780                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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