RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 JULY 2004
      DOCKET NUMBER:  AR2004103272


      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. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 that his records be corrected to show award of
the Purple Heart.

2.  The applicant states, in effect, that his records do not reflect award
of the Purple Heart.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 March 1966.  The application submitted in this case is
dated
12 January 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 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 show that the applicant entered active
duty on 16 March 1964.  He was trained as an infantryman (11B).

4.  While undergoing training the applicant qualified as an expert with the
pistol and was awarded the associated badge and component bar.  Orders
issued by the 1st Infantry Division at Fort Riley, Kansas, confirmed the
award.  However, the information was omitted from his separation document.

5.  In October 1965 the applicant arrived in Vietnam.  He was assigned to
the 2nd Battalion, 28th Infantry and in November 1966 he was awarded the
Combat Infantryman Badge.

6.  On 13 January 1966 the applicant was wounded in action and awarded the
Purple Heart.  Orders issued by the 1st Infantry Division confirmed the
award.  The award, and information relating to the wound, was omitted from
item 26 (awards and decorations) and item 27 (wounds received as a result
of action with enemy forces) on his separation document.

7.  The applicant returned to the United States in March 1966 and on 12
March 1966 was released from active duty with an honorable characterization
of service.

8.  A review of Department of the Army Pamphlet 672-3 shows that the
applicant’s unit was credited with participating in two designated
campaigns (Vietnam Defense Campaign and Vietnam Counteroffensive) during
the applicant’s period of assignment.  Two bronze service stars on his
Vietnam Service Medal, which is reflected on his separation document,
should confirm his campaign participation.  The unit was also awarded a
Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation during his tenure with the organization.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal.  The Government of Vietnam awarded
this medal to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through 28
March 1973.  Qualifying service included assignment in Vietnam for 6 months
or service outside the geographical limits of the Republic of Vietnam that
contributed direct combat support to the Republic of Vietnam and its Armed
Forces.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of
hostile action in Vietnam on 13 January 1966 and awarded the Purple Heart.
His records should be corrected accordingly, including item 27 (wounds) on
his separation document, which should be corrected to reflect the entry
“Vietnam
13 January 1966.”

2.  The evidence also confirms that he qualified as an expert with the
pistol and was awarded the associated badge and component bar.  His records
should be corrected to reflect that information.

3.  The applicant is also entitled to a Valorous Unit Award, the Republic
of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, the Vietnam Campaign
Medal, and two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

___MM __  ___TO__  ___EP __  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:

      a.  by showing that he was awarded the Purple Heart;


      b.  by correcting item 27 on his separation document to read “Vietnam,

13 January 1966;”

      c.  by showing that he qualified as an expert with the pistol and was
awarded the associated badge and component bar; and


      d.  by showing that the is entitled to a Valorous Unit Award, the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam
Campaign Medal, and two bronze service stars on his Vietnam Service Medal.




            _____Melvin Meyer_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103272                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040727                                |
|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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