RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR20040000184


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, in effect, that the Purple Heart be added to
his DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he was wounded in Vietnam when he
stepped on a "booby trap" in combat near Chu Li.  He received the Purple
Heart but it is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
on 24 May 1968.  The application submitted in this case is dated 17 April
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.  The applicant’s records show that he enlisted, for 3 years, in the
Regular Army, on 26 May 1966.  Following completion of basic combat
training at Fort Gordon, Georgia, he completed advanced individual training
at Fort Ord, California, and was awarded the primary military occupational
specialty (MOS) 11B, Light Weapons Infantryman.  The applicant then
attended and completed the Basic Airborne Course at Fort Benning, Georgia,
on 2 September 1966.

4.  The applicant was assigned to Vietnam and he arrived there on 29
December 1966.  He was assigned to Company C, 2nd Battalion (Airborne),
502nd Infantry, 101st Airborne Division.  The applicant served in Vietnam
until 27 May 1967 when he was assigned to the Medical Holding Detachment,
Camp Zama, Japan. On 28 June 1967, the applicant was medically evacuated to
the Medical Holding Company, Womack Army Hospital, Fort Bragg, North
Carolina.  He remained assigned to this unit as a patient until he was
placed on the permanent retired list, by reason of physical disability, on
24 May 1968.

5.  The applicant was honorably discharged on 24 May 1968, under the
provisions of Army Regulation (AR) 635-40, in the rank and pay grade of
Specialist Four, E-4, with 2 years, 1 month, and 24 days active military
service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the following awards:  National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; and the Parachutist Badge.  The Purple Heart is not
shown on the applicant's DD Form 214.

7.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.

8.  The applicant participated in the following three campaigns, during his
tour of duty in Vietnam:  the Vietnam Counteroffensive, Phase III, which
extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; and
the Vietnam Counteroffensive, Phase IV, which extended from 2 April through
30 June 1968.

9.  The applicant was awarded the Purple Heart in General Orders Number 22,
published by Headquarters, Womack Army Hospital, Fort Bragg, North
Carolina, dated 24 April 1968.  This award was omitted from the applicant's
DD Form 214 on his separation from the Army.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows that the applicant consistently
received "excellent" conduct and efficiency ratings.  There is no evidence
of any breach of good order or discipline in his service personnel record
that would preclude award of the Good Conduct Medal.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

12.  The applicant was awarded the First Class Gunner [now known, and
hereafter referred to as Sharpshooter] Marksmanship Qualification Badge,
with Machinegun Bar [M-60 Machinegun], in paragraph 6, Special Orders 161,
published by Headquarters, 2nd Brigade, Fort Ord, California, on 10 August
1966.  This qualification Badge does not appear on the applicant's DD Form
214.

13.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle], in paragraph 46, Special Orders 70, published
by Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort
Gordon, Georgia, on 9 May 1966.  This qualification Badge does not appear
on the applicant's DD Form 214.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 1, Special
Orders 227, published by Headquarters, U.S. Army Special Forces Training
Group (Airborne), Fort Bragg, North Carolina, dated 9 November 1966.  This
qualification Badge does not appear on the applicant's DD Form 214.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, during his service in Vietnam, Company C, 2nd
Battalion (Airborne), 502nd Infantry Regiment, 101st Airborne Division, was
awarded the, Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 1 through 31 July 1966 and 9 December through 18 January
1967, by Department of the Army General Orders (DAGO) Number 21, dated
1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO 48,
dated 1971.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

17.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the 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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.  To be eligible for award of the
Good Conduct Medal, soldiers must meet all of the following criteria:  all
conduct (character) and efficiency ratings must be recorded as "Excellent"
except that ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service school efficiency ratings
based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart.  This award was omitted
from his DD Form 214 when discharged from the Army for disability reasons.
It would be appropriate to add this award to his DD Form 214 at this time.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of an administrative oversight rather than
something that the applicant did to disqualify himself from this award.  He
is therefore eligible for award of the Good Conduct Medal for the period 31
March 1966 through 24 May 1968.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

4.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to this DD
Form 214 at this time.

5.  The applicant earned the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle and Machinegun Bars and the Expert Marksmanship
Qualification Badge, with Rifle Bar.  These qualification badges are not
shown on
his DD Form 214.  It would be appropriate to add these badges to his DD
Form 214 at this time.

BOARD VOTE:

elp__ ___  bkk _____  rjw  _____  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.  adding the already-awarded Purple Heart and the Sharpshooter
Marksmanship Qualification Badge, with Automatic Rifle and Machinegun Bar;
and the Expert Marksmanship Qualification Badge, with Rifle Bar; to the
applicant's DD Form 214;

      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214; and

      c.  awarding the applicant three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal, to denoted his campaign
participation credit and adding these service stars to his DD Form 214.



                            ____Raymond J. Wagner__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000184                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050127                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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