RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 1, 2005
      DOCKET NUMBER:  AR20040000269


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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 he was awarded
in Vietnam on 28 March 1969, 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 on 27 March 1969,
near the DMZ (Demilitarized Zone).  He was medically evacuated to the 11th
Surgical Hospital where he was awarded the Purple Heart.  The following
day, he was flown to the 97th Evacuation Hospital in Da Nang.  He was later
moved to the 22nd Casualty Hospital in Da Nang and, in April 1969, he was
transferred to the US Naval Hospital on Guam where he remained for five
months.

3.  The applicant provided a self-authored letter outlining his
recollections of the events and a photocopy of the Purple Heart he
allegedly received, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 16 August 1970.  The application submitted in this case is
dated 30 March 2004.

2.  Title 10, US 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 was inducted into the Army of the
United States on 24 May 1968.  Following completion of basic combat and
advanced individual training (AIT) at Fort Ord, California, he was awarded
the military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant was assigned to Vietnam and he arrived there on 15
November 1968.  He was assigned to Company B, 1st Battalion, 11th Infantry
Regiment, 5th Infantry Division.  The applicant served in Vietnam until 2
April 1969 when he was assigned to the Medical Holding Company, US Army
Hospital, Ryukyus Islands, as a patient.  On 11 August 1969, the applicant
was released from the hospital and was reassigned to Fort Ord, California,
to complete his military service obligation.

5.  The applicant was honorably released from active duty on 16 August
1970, under the provisions of Army Regulation (AR) 635-200, Chapter 2,
Section VI, at the expiration of his term of service, in the rank and pay
grade of Private First Class, E-3, with 2 years and 2 days active military
service.

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

7.  An unclassified message, date and time group 300320Z March 1969,
Subject: Friar Report Number 8485, on file in the applicant's service
personnel records, shows that he sustained a fragmentation wound to the
right heel, at 1000 hours, 27 March 1969, when his unit, while on a combat
operation, engaged the enemy in a firefight near Quang Tri.

8.  The applicant's name appears on the Vietnam Casualty List.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing that he was
awarded the Purple Heart.  Item 40 (Brief Description of Wounds), of the
applicant's DA Form 20, shows the entry, "F.W. R/Heel/27Mar69."

10.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  A search of the general orders
database maintained by the Awards Branch, Human Resources Command, was made
for orders awarding the applicant the Purple Heart; however, no orders were
found.

11.  The applicant stated that on 28 March 1969, a Marine Corps colonel
whose name he does not recall came to the 11th Surgical Field Hospital and
awarded him the Purple Heart.

12.  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.

13.  The applicant participated in the following three campaigns, during
his tour of duty in Vietnam:  the Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969; the Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

14.  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.

15.  Department of the Army 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 B, 1st
Battalion, 11th Infantry Regiment, 5th Infantry Division, was awarded the
Navy Meritorious Unit Commendation for the period 31 August through 9
December 1968, by Department of the Army General Orders (DAGO) Number 32,
dated 1973.  This unit award is not shown on the applicant's DD Form 214
since it was not awarded until after the applicant had been released from
active duty.

16.  The applicant's unit, a subordinate unit of the US Army Vietnam, was
also awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number
8, dated 1974.  This unit award is also not shown on the applicant's DD
Form 214.

17.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 1, Special
Orders 189, published by Headquarters, Second AIT Brigade, US Army Training
Center, Infantry, Fort Ord, California, on 13 September 1968.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar [M-60 Machinegun], in paragraph 9, Special Orders 190,
published by Headquarters, Second AIT Brigade, US Army Training Center,
Infantry, Fort Ord, California, on 14 September 1968.

19.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 1, Special Orders 38,
published by Headquarters, Troop Command, Fort Ord, California, on 24 March
1970.
20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of US
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.

21.  Army Regulation 600-8-22 provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action on 27 March
1969.  The applicant's recollections of events, and in particular, that he
was awarded the Purple Heart by a Marine Corps colonel on the day after he
was wounded, are credible.  Despite the lack of orders awarding him the
Purple Heart, the applicant is entitled to have the Purple Heart added to
his DD Form 214.

2.  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.

3.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Navy Meritorious Unit Commendation and the Republic of
Vietnam Gallantry Cross, with Palm, 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 his DD Form 214.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar; Sharpshooter Marksmanship Qualification Badge, with
Automatic Rifle Bar; and Marksman Marksmanship Qualification Badge, with
Rifle Bar.  These marksmanship qualification badges were omitted from his
DD Form 214 when he was released from active duty.  It would be appropriate
to add these marksmanship badges to his DD Form 214 at this time.

BOARD VOTE:

jtm_____  wtm_____  wdp_____  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 Purple Heart the applicant was awarded for wounds he
received in action on 27 March 1969 to his DD Form 214;

      b.  awarding the applicant the Navy Meritorious Unit Commendation and
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and
adding these unit awards to his DD Form 214;

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

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Machinegun Bar; the Sharpshooter Marksmanship Qualification
Badge, with Automatic Rifle Bar; and the Marksman Marksmanship
Qualification Badge, with Rifle Bar, to the applicant's DD Form 214.




                            ____Walter T. Morrison__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000269                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|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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