RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040001549


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 award of the Purple Heart, the Republic of
Vietnam Campaign Medal, and the Vietnamese Cross of Gallantry with Palm and
Frame.

2.  The applicant states he was issued the Purple Heart and is entitled to
Republic of Vietnam Campaign Medal and Vietnamese Cross of Gallantry with
Palm and Frame.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a copy of a Purple Heart
Certificate dated 28 June 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 November 1967.  The application submitted in this case
is dated 23 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 limitations 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.  On 18 November 1965, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed basic combat training
and advanced individual training.  Upon graduation, he was awarded military
occupational specialty (MOS) 11B20, Light Weapons Infantryman.

4.  He served in the Republic of Vietnam from 28 April through 26 August
1966 with Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division
(Airmobile).

5.  On 17 November 1967, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and
the Marksman Marksmanship Qualification Badge with Rife Bar.  He was
subsequently honorably discharged from the U.S. Army Reserve on 17 November
1971.

6.  General Orders Number 2213, dated 28 June 1966, published by
Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the
Purple Heart for wounds received on 24 June 1966.

7.  General Orders Number 34, dated 16 November 1966, published by
Headquarters, Walter Reed General Hospital, Walter Reed Army Medical Center
awarded the applicant the Purple Heart for wounds received on 24 June 1966.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart (PH) is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam
awarded this medal to all members of the Armed Forces of the United States
for qualifying service in Vietnam during the period 1 March 1961 through 28
March 1973.  Qualifying service included assignment in Vietnam for 6 months
or service outside the geographical limits of the Republic of Vietnam that
contributed direct combat support to the Republic of Vietnam and its Armed
Forces.  Individuals who had qualified for award of the Vietnam Service
Medal or the Armed Forces Expeditionary Medal and were evacuated prior to
completing six months of service due wounds resulting from hostile action
were entitled to award of the Vietnam Campaign Medal.

10.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy, and instructions concerning individual
military awards, the GCMDL, service medals and service ribbons, combat and
special skill badges and tabs, unit decorations, and trophies and similar
devices awarded in recognition of accomplishments.  It states, in pertinent
part, that the GCMDL 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 GCMDL, disqualification must be justified.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 17 November 1965 to 19 May 1969 by Department of
the Army General Orders 70, dated 1969.

12.  The Vietnam Gallantry Cross also is issued as a unit award which is an
entirely separate decoration from the full sized medal.  Known as the
Vietnam Gallantry Cross Unit Citation with Palm, the unit citation award
was created in  1968 and was issued as the Gallantry Cross ribbon, with a
metal palm device enclosed within a Gold frame.  The unit citation was
issued in the name of South Vietnam to any military unit which
distinguished itself to the same level as would be required for the
individual award.  Regulations for the issuance of the Vietnam Gallantry
Cross permit the wearing of both the individual and unit award
simultaneously, since they both are considered separate decorations.  The
Vietnam Gallantry Cross Unit Citation with Palm was issued to every Allied
nation which provided military support to Vietnam between 1 March 1961 and
the fall of Saigon in April 1975.  The unit decoration thus became the most
commonly awarded Vietnamese decoration to foreigners, second only to the
Vietnam Campaign Medal.

13.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star (BSS), based on qualifying service, for each campaign listed in
Appendix B of this regulation and states that authorized BSSs will be worn
on the appropriate service medal.  The applicant served in Vietnam during
two campaigns -- Vietnam Counteroffensive, which extended from 25 December
1965 through 30 June 1966; and Vietnam Counteroffensive, Phase II, which
extended from 1 July 1966 through 31 May 1967.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's claim for award of the
PH.  He has provided a copy of the certificate, dated 28 June 1966,
awarding him that medal.  His record contains two orders awarding him the
PH.  Therefore, he is entitled to have this award listed on his DD Form
214.  However, the second order is a duplicate for the same award and
therefore should be revoked.

2.  The applicant served honorably and faithfully throughout his period of
induction.  During this period, the applicant was awarded the PH.  He
entered active duty in the rank of Private (PVT/E-1) and was released from
active duty in the rank of Specialist (SP4/E-4).  He achieved that rank in
a period of 2 years,
0 months, and 0 days of active duty.  There is no indication of any lost
time or indiscipline in the applicant's available personnel records or that
he was otherwise disqualified from receiving the GCMDL by any of his unit
commanders. He is therefore entitled to award of the GCMDL for the period
18 November 1965 through 17 November 1967.

3.  The applicant meets the criteria of the regulation for award of the
Vietnam Campaign Medal.  Therefore, he is entitled to have this award
listed on his DD Form 214.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which is not
correctly shown by award of two BSSs for wear on his Vietnam Service Medal.
 Therefore, in accordance with the governing regulation, the applicant is
entitled to the Vietnam Service Medal with two BSSs and correction of his
DD Form 214 to show these awards.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

BOARD VOTE:

__fe____  __mkp___  __cak___  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.  Revoking General Orders Number 34;

      b.  By deleting the Vietnam Service Medal on his DD Form 214; and

      c.  Adding the PH, the GCMDL, the Vietnam Service Medal with 2 BSSs,
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Vietnam Campaign Medal.



                                  Fred Eichorn
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001549                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0088                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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