RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        01 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001612


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. William 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 award of the Purple Heart.

2.  The applicant states he believes he may be entitled to the Purple Heart
based on an injury in Vietnam.  He states that it does not appear on his
separation document.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 May 1968.  The application submitted in this case is
dated
11 May 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.  Records available to the Board indicate that the applicant entered
active duty on 5 May 1966 and was trained as a medical specialist.

4.  In January 1967 he was assigned to Vietnam as an ambulance driver with
the 2nd Battalion, 47th Infantry, and remained with that unit until he
returned to the United States in December 1967.  In addition to being
awarded the Combat Medical Badge while in Vietnam, he was also awarded an
Army Commendation Medal for meritorious service.  The Army Commendation
Medal was confirmed in orders issued by the 9th Infantry Division.
Although his Combat Medical Badge is recorded on his separation document,
his Army Commendation Medal was not.

5.  On 3 May 1968 the applicant was released from active duty, in pay grade
E-5, with an honorable characterization of service.  His separation
document does not reflect entitlement to the Purple Heart and item 40
(wounds) on his Department of the Army Form 20 (Enlisted Qualification
Record) is blank.  His name is not among a list of individuals reported as
combat casualties during the Vietnam War and there were no service medical
records available to the Board, or provided by the applicant.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phase II and III) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded the two awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and one Republic of Vietnam
Civil Actions Honor Medal First Class Unit citation during his tenure with
the organization.  The unit awards were also omitted from his separation
document.

8.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

9.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.





DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence, and the applicant has not provided any,
which confirms that he was wounded as a result of hostile action while in
Vietnam and as such, he is not entitled to an award of the Purple Heart.

2.  The evidence does, however, confirm that he was awarded an Army
Commendation Medal for his service in Vietnam.  His records should be
corrected accordingly.

3.  The evidence also shows that he is entitled to two bronze service stars
on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal
First Class Unit Citation.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 3 May 1968.  There is no evidence his commander
ever disqualified him from receiving the award and no evidence of any
misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 4 May 1966 through 3 May 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM _  ___JM___  ___WP__  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:

      a.  by showing that he was awarded an Army Commendation Medal;


      b.  by showing that he is entitled to two bronze service stars on his
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal
First Class Unit Citation; and

      c.  by awarding him the Army Good Conduct Medal for the period
4 May 1966 through 3 May 1968.

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
award of the Purple Heart.




                            _____Walter Morrison_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001612                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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