RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR20040000664


      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 he was awarded
in Vietnam for injuries he received in combat on 21 September 1968 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 when he woke up in the hospital
after he was injured, his first sergeant pinned the Purple Heart on him.
In the transfer between hospitals, everything was lost.  He would like to
see his records corrected.

3.  The applicant provided nothing in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
on 7 August 1969.  The application submitted in this case is dated 14 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 was inducted into the Army of the
United States on 8 August 1967.  Following completion of basic combat
training at Fort Gordon, Georgia, and advanced individual training at Fort
Jackson, South Carolina, he was awarded the military occupational specialty
(MOS) 11B, Light Weapons Infantryman.

4.  The applicant was assigned to Vietnam and he arrived there on 12
January 1968.  He was assigned to Company A, 3rd Battalion, 7th Infantry
Regiment, 199th Infantry Brigade.  The applicant served in Vietnam until 28
September 1968 when he was assigned to the Medical Holding Detachment,
106th General Hospital in Japan.  On 7 October 1968, the applicant was
medically evacuated to the Medical Holding Company, Dewitt Army Hospital,
Fort Belvoir, Virginia.
He remained assigned to this unit, as a patient, until 31 October 1968.  On
3 November 1968, he was reassigned to Fort Gordon, Georgia, to complete
his active duty service obligation.

5.  The applicant was honorably discharged on 7 August 1969, under the
provisions of Army Regulation (AR) 635-200, at the expiration of his term
of service, in the rank and pay grade of Specialist Four, E-4, with 2 years
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:  the National Defense Service Medal; the
Vietnam Service Medal, with one bronze service star; the Republic of
Vietnam Campaign Medal, with 60 Device; the Combat Infantryman Badge; and
the Valorous Unit Award [incorrectly identified as the Vietnamese Unit
Award].  The Purple Heart is not shown among his awards.

7.  The applicant was wounded in action in Vietnam on 21 September 1968 by
"friendly fire."  The Western Union Telegram that was sent to his parents
states, "The Secretary of the Army has asked me to inform you that your son
Specialist D****l L. S**w was slightly wounded in action in Vietnam on 21
September 1968 as a result of hostile action.  He received a gunshot wound
to the stomach while enroute to base camp, when he was mistaken for hostile
force.  He was treated and hospitalized in Vietnam."

8.  The above Western Union Telegram contains essentially the same language
as is contained in unclassified message, date and time group 222123Z
September 1968, Subject, Friar Report Number 26706, which is on file in
the applicant's service personnel records.

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

10.  The applicant participated in the following four 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; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30
June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968.

11.  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.

12.  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.

13.  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 A, 3rd
Battalion, 7th Infantry Regiment, 199th Infantry Brigade, was awarded the
Valorous Unit Award for the period 12 January 1968 through 19 February
1968, by Department of the Army General Orders (DAGO) Number 48, dated
1968.  (This unit award is shown on the applicant's DD Form 214 but
incorrectly identified as the Vietnamese Unit Award).

14.  The applicant's unit was also awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968
through 31 July 1970, by DAGO Number 51, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 12 December 1966 through 31 August 1970, by DAGO 51, dated 1971,
while he was a member of the unit.  These unit awards are not shown on the
applicant's DD Form 214.

15.  AR 600-8-22 provides, in pertinent part, for award of the Purple Heart
to individuals wounded or killed as a result of “friendly fire” in the
“heat of battle” as long as the “friendly” projectile or agent was released
with the full intent of inflicting damage or destroying enemy troops or
equipment.  Included, as part of the Department of Defense Appropriations
Act for fiscal year 1994, was an amendment to the rules governing award of
the Purple Heart.  While the original rules established that the Purple
Heart would be awarded to individuals killed or wounded as a result of
hostile action the amendment enabled the Secretaries of each department to
award the Purple Heart to members of the armed forces who were killed or
wounded in action by weapon fire, while directly engaged in armed conflict,
other than as the result of an act of an enemy of the United States.  This
ruling, in effect, granted the service Secretaries the authority to award
the Purple
Heart to individuals directly engaged in armed conflict who were killed or
wounded as a result of "friendly fire."

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.

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.

18.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 50, Special Orders 126,
published by Headquarters, 1st Training Brigade, US Army Training Center,
Fort Gordon, Georgia, on 25 September 1967.

19.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], in paragraph 4, Special
Orders 210, published by Headquarters, 3rd Training Brigade, Fort Jackson,
South Carolina, on 2 December 1967.

20.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 2, Special
Orders 202, published by Headquarters, 3rd Training Brigade, Fort Jackson,
South Carolina, on 4 December 1967.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action by
"friendly fire" on 21 September 1968.  He is therefore entitled to award of
the Purple Heart and to have it added to his DD Form 214.

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 8
August 1967 through 7 August 1969.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal, as opposed to the
one bronze service star that is currently shown in conjunction with his
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 Valorous Unit Award, 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
or are incorrectly shown on his DD Form 214.  He is entitled to these unit
awards and to have them added or correctly shown on his DD Form 214.

5.  The applicant was awarded the Marksman Marksmanship Qualification
Badges, with Rifle, Automatic Rifle, and Machinegun Bars.  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:

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.  awarding the applicant the Purple Heart for wounds he received in
action on 21 September 1968 and adding this award to his 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;

      c.  deleting the Vietnam Service Medal, with one bronze service star,
from the applicant's DD Form 214 and replacing it with the Vietnam Service
Medal, with four bronze service stars, to correctly denote his campaign
participation credit; and

      d.  deleting the Vietnamese Unit Award from the applicant's DD Form
214 and replacing it with the Valorous Unit Award; and

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


                            _____Raymond J. Wagner__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000664                           |
|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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