RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         FEBRUARY 3, 2005
      DOCKET NUMBER:  AR20040000402


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 already-awarded 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 the Purple Heart was omitted from
his DD Form 214.  He discovered that the Purple Heart had been omitted from
his DD Form 214 when he submitted a request for reevaluation of
compensation for his injuries.

3.  The applicant provides a copy of his DD Form 214 and a copy of general
orders awarding him the Purple Heart, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 19 June 1970.  The application submitted in this case is dated
29 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.  The applicant’s records show that he enlisted in the Regular Army on 22
June 1967.  He completed basic combat training at Fort Benning, Georgia,
and his advanced individual training at Fort Gordon, Georgia.  After
completing all required training, he was awarded the military occupational
specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant volunteered for and successfully completed Basic Airborne
Training and was awarded the Parachutist Badge on 1 December 1967.

5.  The applicant was assigned to and arrived in Vietnam on 21 December
1967. He was assigned to Headquarters and Headquarters Detachment, 4th
Aviation Battalion, 4th Infantry Division.

6.  On 22 June 1969, the applicant was wounded in action in Vietnam and was
awarded the Purple Heart, by General Orders Number 156, Headquarters, 71st
Evacuation Hospital, on 23 June 1969.

7.  The applicant was also awarded the Purple Heart, for wounds received in
action on 22 June 1969, by General Orders Number 62, Headquarters, US Army
Hospital Specialized Treatment Center, Fort Gordon, Georgia, on 23 June
1969. These orders are a duplication of award orders for the Purple Heart
that had already been published.

8.  The applicant was honorably released from active duty on 197 June 1970,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service, in the rank and pay grade, Sergeant, E-5.  On his
release from active duty, he had 2 years, 11 months, and 28 days active
military service, with no lost time.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the Silver Star; the Air Medal; the Army Commendation Medal; the
Good Conduct Medal; the National Defense Service Medal; the Vietnam Service
Medal, with six bronze service stars; the Republic of Vietnam Campaign
Medal, with 60 Device; the Pathfinder Badge; the Parachutist Badge; and the
Combat Infantryman Badge.  Although orders were published twice to document
the same injury, the Purple Heart was omitted from the applicant's DD Form
214 when he was released from active duty.

10.  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, the 4th Aviation
Battalion, 4th Infantry Division, was awarded the, Meritorious Unit
Commendation, for the period 1 December 1967 through 31 May 1968 by
Department of the Army General Orders (DAGO) Number 42, dated 1968; the,
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period October 1966 through 28 July 1969 by DAGO Number 3, dated 1970; and
the Republic of Vietnam Civil Actions Honor, First Class, Unit Citation,
for the period 1 October 1966 through 31 October 1969 by DAGO Number 53,
dated 1970.

11.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar [M-14 Rifle] in paragraph 55, Special Orders Number
183, published by Headquarters, US Army Training Center, Infantry, Fort
Benning, Georgia, on 4 August 1967.
12.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar [M-16 Rifle] in paragraph 2, Special Orders Number
160, published by Headquarters, 3rd Training Brigade (Infantry), US Army
Training Center, Fort Gordon, Georgia, on 4 October 1967.

13.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Machinegun Bar [M-60 Machinegun] in paragraph 1, Special Orders
Number 166, published by Headquarters, 3rd Training Brigade (Infantry),
US Army Training Center, Fort Benning, Georgia, on 13 October 1967.

14.  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 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  Two orders were published awarding the applicant the Purple Heart for
wounds he sustained on the same date, 22 June 1969.  The orders published
by the 71st Evacuation Hospital, General Orders Number 156, on 23 June
1969, were correctly published and are valid.

2.  The orders published on 21 October 1969, General Orders Number 62, by
the US Army Hospital Specialized Treatment Center, it appears, were
published to ensure that the applicant received appropriate recognition for
having been wounded in action on 22 June 1969.

3.  Despite the publication of two orders to recognize the applicant for
having been wounded on 22 June 1969, he is entitled to one award of the
Purple Heart and to have it entered on his DD Form 214.

4.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Meritorious Unit Commendation; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam
Civil Actions Honor, First Class, Unit Citation.  He is entitled to these
unit awards and to have them added to this DD Form 214 at this time.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar; the Expert Marksmanship Qualification Badge, with
Machinegun Bar; and the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar.  These marksmanship qualification badges are not shown on
the applicant's DD Form 214.  He is entitled to have them added to his DD
Form 214 at this time.

BOARD VOTE:

mm_____  ljo  _____  lb    _____  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 to the applicant's DD
Form 214;

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


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




                            ____Melvin H. Meyer___
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000402                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|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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