RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 1, 2005
      DOCKET NUMBER:  AR20040001043


      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, Air Medal,
and the Bronze Star Medal he was awarded while he served on active duty be
added to his DD Form 214.

2.  The applicant states, in effect, that the awards were omitted from his
DD Form 214 when he was released from active duty.

3.  The applicant provides no documentary evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 January 1968.  The application submitted in this case is
dated 19 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 military record shows that he was inducted into the
Army of the United States on 28 January 1966.  He completed his basic
combat training and his advanced individual training at Fort Carson,
Colorado.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 25
February 1967.  He was assigned to the 2nd Battalion, 18th Infantry
Regiment, 1st Infantry Division.  The applicant served in Vietnam until 13
January 1968 when he was returned to the United States for release from
active duty.

5.  The applicant was released from active duty on 17 January 1969, under
the provisions of Army Regulation (AR) 635-200, Chapter 5, Section VII,
Early Release of Overseas Returnee, in the rank and pay grade of Specialist
Five, E-5, with 1 year, 11 months, and 19 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 Army Commendation Medal, the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, and the Combat Infantryman Badge.  The Purple Heart, the Air Medal,
and the Bronze Star Medal are not shown among his authorized awards.

7.  The applicant's name does not appear on the Vietnam Casualty List.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart, the Air Medal, or the Bronze Star Medal.

9.  There are no orders in the applicant’s service personnel records that
show he was awarded the Purple Heart, the Air Medal, or the Bronze Star
Medal.  There is no evidence that he was recommended for award of the Air
Medal or the Bronze Star Medal.  The applicant did not provide copies of
orders or awards certificates in support of his claim for these awards.

10.  Item 40 (Brief Description of Wounds), of the applicant's DA Form 20,
is blank.

11.  Review of Standard Form (SF) 88, Report of Medical Examination,
completed by a physician during the applicant's separation physical
examination, failed to reveal any indication that the applicant sustained
any wound while he served on active duty in Vietnam.

12.  Review of SF 89, Report of Medical History, completed in part by the
applicant during his separation physical examination, failed to reveal any
report by the applicant that he had been wounded in action in Vietnam.

13.  Item 38 (Record of Assignments), of the applicant's DA Form 20, 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.

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

15.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967;  and the Vietnam Counteroffensive, Phase
III, which extended from 1 June 1967 through 29 January 1968.
16.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar [M-14 Rifle] in paragraph 40, Special Orders 154,
published by Headquarters, 5th Infantry Division (Mechanized), Fort Carson,
Colorado, on 3 June 1966.

17.  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.

18.  AR 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.

19.  AR 600-8-22 provides, in pertinent part, that the Air Medal is awarded
in time of war for heroism and for meritorious achievement or service while
participating in aerial flight.  This award is primarily intended for
personnel on flying status, but may also be awarded to those personnel
whose combat duties require them to fly, for example personnel in the
attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

20.  AR 600-8-22 provides, in pertinent part, that the the Bronze Star
Medal is awarded to any person who, while serving in any capacity in or
with the Army of the United States after 6 December 1941, distinguished
himself or herself by heroic or meritorious achievement or service, not
involving participation in aerial flight, in connection with military
operations against an armed enemy; or while engaged in military operations
involving conflict with an opposing armed force in which the United States
is not a belligerent party.  Awards may be made for acts of heroism,
performed under circumstances described above, which are of lesser degree
than required for the award of the Silver Star.  The Bronze Star Medal may
also be awarded for meritorious achievement or meritorious service to
recognize single acts of merit or meritorious service.  A formal
recommendation, approval through the chain of command, and announcement in
orders is required for award of the Bronze Star Medal.

21.  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, the
2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 12 July 1965 through 16 October 1968, 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 12
July 1965 through 7 April 1970, by DAGO Number 53, dated 1970.

22.  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.

23.  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.  There are no orders or copies of awards certificates in the applicant’s
service personnel records that show he was awarded the Purple Heart, the
Air Medal, and the Bronze Star Medal.

2.  There is no evidence in the applicant's service personnel records to
show that the applicant was recommended for award of the Air Medal or the
Bronze Star Medal.

3.  The applicant's DA Form 20 does not show any entry in item 41 to show
that he was awarded the Purple Heart, the Air Medal and the Bronze Star
Medal.

4.  The applicant's name does not appear on the Vietnam Casualty List.

5.  Review of medical documents related to the separation physical
examination given to the applicant in conjunction with his release from
active duty failed to reveal that the applicant reported any wounds he may
have received while he served in Vietnam to the examining physician or that
any were detected at that time.

6.  Based on the available evidence, the applicant is therefore not
eligible for addition of the Purple Heart, the Air Medal, and the Bronze
Star Medal to his DD Form 214.

7.  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 he did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 28
January 1966 through 16 January 1968.

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

9.  The applicant served in a unit, the 2nd Battalion, 18th Infantry
Regiment, 1st Infantry Division, which 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.  He is therefore
entitled to these unit awards and to have them added to his separation
document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

jtm___ __  wtm_____  wdp_____  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.  awarding the applicant the Good Conduct Medal for the period
19 January 1967 through 17 January 1969 and adding this award to the
applicant's DD Form 214;

      b.  awarding the applicant two bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in two campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with two bronze service stars;


      c.  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

      d.  adding the already-awarded Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar, to the applicant's DD Form 214.

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
addition of the Purple Heart, the Air Medal, and the Bronze Star Medal to
the applicant's DD Form 214 at this time.





                                  ____Walter T. Morrison___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040001043                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  60                  |107.0014                                |
|4.  64                  |107.0018                                |
|5.                      |                                        |
|6.                      |                                        |


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