RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 NOVEMBER 2004
      DOCKET NUMBER:  AR2004105852


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert Osborn                 |     |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.  The applicant states that he should have received the award while in
Vietnam and now must have "what is right for the records."  He states that
he was injured when his helicopter crashed in Cambodia.  He states that a
"M60 beat [him] on the head, arm, fracturing arm, [and causing a] head
concussion."  He states that they were on search and destroy missions and
there was not time for him to go to the hospital because he was needed to
pursue the enemy.  He states that he was given a Bronze Star Medal for his
actions that day in September or October 1971.  He states that covert
operations were part of his daily job.

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 21 January 1972.  The application submitted in this case
is undated but was received in March 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 indicate that the applicant entered
active duty on 23 July 1970.

4.  While undergoing training he qualified as a sharpshooter with the M-16
rifle and was awarded the associated badge and component bar.  The badge,
however, was omitted from his separation document.

5.  In January 1971, following completion of training, he was initially
assigned to an engineer unit in Vietnam where he performed duties as a
combat engineer.  In July 1971 he assumed duties as a door gunner with the
229th Aviation Battalion.

6.  He was awarded an Air Medal for meritorious achievement during the
period July 1971 to August 1971 and a Bronze Star Medal for meritorious
service during the period January 1971 to January 1972.  These awards,
which are recorded on his separation document, were confirmed in orders
issued by the 1st Cavalry Division.

7.  In January 1972 he returned to the United States and was released from
active duty with an honorable characterization of service on 21 January
1972.

8.  There were no medical records available to the Board or provided by the
applicant.  His name is not among a list of individuals reported as combat
casualties during the Vietnam War and item 40 (wounds) on his Department of
the Army Form 20 (Enlisted Qualification Record) is blank.

9.  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.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

11.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (Vietnam
Counteroffensive Phase VII and Consolidation I and II) during the
applicant’s period of assignment. Three bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  The unit award was also
omitted from his separation document.

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 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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence, and the applicant has not provided any,
which confirms he was wounded as a result of hostile action while in
Vietnam.  In the absence of such evidence there is no basis for an award of
the Purple Heart.

2.  The applicant's argument that he was awarded a Bronze Star Medal for
the actions which also resulted in his being wounded is without foundation.
 The evidence shows that he was awarded the Bronze Star Medal for a period
of meritorious service which spanned the duration of his tour of duty in
Vietnam.  The award was not for a single act or achievement.

3.  The fact that his records do contain orders confirming award of the Air
Medal and Bronze Star Medal suggests that award orders were being published
at the time, in spite of the unit's missions.  Had the applicant been
entitled to an award of the Purple Heart there would have been no reason
that that award would not have been announced as well.

4.  The evidence does, however, show that the applicant qualified as a
sharpshooter with the M-16 rifle and was awarded the associated badge and
component bar.  His records should be corrected accordingly.

5.  The evidence also shows that the applicant is entitled to three bronze
service stars on his Vietnam Service Medal and a Republic of Vietnam
Gallantry Cross Unit Citation with Palm.

6.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 21 January 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 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 23 July 1970 through
21 January 1972.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___FE __  ___JM __  ___RO __  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:

      a.  showing that he qualified as a sharpshooter with the M-16 rifle
and was awarded the associated badge and component bar;


      b.  showing that he is entitled to three bronze service stars on his
Vietnam Service Medal and a Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and


      c.  awarding him the Army Good Conduct Medal for the period 23 July
1970 through 21 January 1972.

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.



                            ______ Fred Eichorn________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105852                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041123                                |
|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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