RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 OCTOBER 2004
      DOCKET NUMBER:  AR2004103228


      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. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |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 award of the Purple Heart.

2.  In effect, the applicant states that he went to see the doctor at the
            37th Medical Company.  That was where they took him when he got
hit.  He thought that the record of the Purple Heart was in his files, but
it was not.

3.  The applicant provided no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 January 1971.  The application submitted in this case
is dated    29 December 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 was inducted into the Army on 29 January 1969, trained as
an infantryman, and in July 1969 was assigned as a rifleman with Troop C,
         1st Squadron, 11th Armored Cavalry Regiment, in Vietnam.  In June
1970 he completed his tour of duty in Vietnam and returned to the United
States.  He participated in three campaigns during his tour in Vietnam, and
the 11th Armored Cavalry Regiment was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while the applicant
was assigned to that organization.

4.  The applicant was released from active duty at Fort Riley, Kansas on
        28 January 1971.  His DD Form 214 (Report of Transfer or Discharge)
does not show award of the Purple Heart.  The applicant's DA Form 20
(Enlisted Qualification Record) does not show that he was wounded in action
or that he was awarded the Purple Heart.  His DA Form 20 does show that his
conduct and efficiency were excellent while on active duty.  There is no
derogatory information contained in his military records.

5.  Subsequent to his release from active duty, the applicant continued his
military service in the Mississippi Army National Guard.  He was discharged
from the National Guard in November 1994 and transferred to the Retired
Reserve.

6.  On 30 September 1996 the applicant was examined by a Department of
Veterans Affairs (VA) doctor because of skin problems with his feet.  The
report of that examination also mentioned that the applicant had a 1.5 cm
scar on the left side of his upper lip as a result of a shrapnel wound that
he suffered while in Vietnam.  The report indicated that there was an
explosion and the shrapnel pierced his lip and apparently went into his
mouth.  The report indicated that he received the Purple Heart for the
wound.

7.  On 15 February 2002 the applicant was examined by a VA social worker
for posttraumatic stress disorder (PTSD).  The report of that examination
showed that the applicant indicated that his first stressor he encountered
was in Bien Hoa, when the tank he was on was blown out from under him, and
that he was wounded in the encounter.

8.  On 5 October 2004 the Awards Branch, Human Resources Command, indicated
that the Vietnam Casualty Roster maintained by that branch shows that the
applicant was wounded in action on 21 January 1970.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence, and the applicant has not submitted any,
to show that he was wounded as a result of hostile action while in Vietnam,
notwithstanding the information he provided to the VA.  Nevertheless, the
applicant is listed on the Vietnam Casualty Roster as being wounded in
action on 21 January 1970.  He was wounded in action and is entitled to
award of the Purple Heart.

2.  The applicant served his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is entitled to award of the Vietnam Service Medal with
three bronze service stars (one for each campaign).  He is also entitled to
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___WM__  ___PS __  __PM___  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 award of the Purple Heart, Army Good
Conduct Medal, the Vietnam Service Medal with three bronze service stars,
and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.





                            _____Walter Morrison______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103228                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|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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