RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 17, 2005
      DOCKET NUMBER:  AR20040001871


      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. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth B. Love              |     |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, first oak
leaf cluster, he received in Vietnam, 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 he received two Purple Hearts
while he served in Vietnam.  A DD Form 215, Correction to DD Form 214,
added one Purple Heart to his DD Form 214.  He received a Purple Heart on
15 December 1969 and on 28 April 1970.

3.  The applicant provided a copy of the awards certificate for the Purple
Heart dated 18 December 1969, and a copy of the Western Union Telefax that
was sent to his mother notifying her that he had been slightly wounded in
action in Vietnam on 28 April 1970, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice or
error, which occurred on 4 March 1971.  The application submitted in this
case is dated 3 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.  The applicant’s record shows that he enlisted in the Regular Army, for
2 years on, 5 March 1969.  He completed his basic combat training at Fort
Jackson, South Carolina, and his advanced individual training at Fort
McClellan, Alabama. After completing all required training, he was awarded
the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to and arrived in Vietnam on 15 August 1969.
 He was assigned to the 2nd Battalion, 502nd Infantry, 101st Airborne
Division.  He remained with this unit until he was returned to the United
States at the end of
his overseas tour in Vietnam on 14 August 1970.  On his return to the
United States, he was assigned to Fort Knox, Kentucky, to complete the
remainder of his military service obligation.

5.  The applicant was honorably released from active duty on 4 March 1971,
under the provision of Army Regulation (AR) 635-200, at the expiration of
his term of service, in the rank and pay grade, Specialist Four, E-4.  On
his release from active duty, he had 2 years active military service with
no time lost.

6.  The applicant's DD Form 214, in Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded the following:  the Bronze Star Medal; the Army
Commendation Medal; the Air Medal; the National Defense Service Medal; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; and the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar.  The Purple Hearts were not shown.

7.  The applicant was awarded the Purple Heart, for wounds received in
action on 15 December 1969, by General Orders 138, published by
Headquarters, 85th Evacuation Hospital, on 17 December 1969.

8.  The applicant was awarded a second Purple Heart, in effect, the Purple
Heart, with oak leaf cluster, for wounds received in action on 28 April
1970, by General Orders 5180, published by Headquarters, 101st Airborne
Division, on 7 May 1970.

9.  The applicant was awarded the Air Medal, for meritorious achievement
while participating in aerial flight, for the period 1 August 1969 through
27 February 1970, by General Orders 2312, published by Headquarters, 101st
Airborne Division, on 5 March 1970.  The Air Medal is shown on the
applicant's DD Form 214.

10.  The applicant was awarded the Air Medal (Second Award), for
meritorious achievement while participating in aerial flight, on 3 May
1970, by General Orders 6986, published by Headquarters, 101st Airborne
Division, on 20 June 1970.  The Air Medal (Second Award) is not shown on
the applicant's DD Form 214.

11.  The National Archives and Records Administration (NARA) added a Purple
Heart to the applicant's DD Form 214, through preparation and distribution
of a
DD Form 215, on 12 January 2004.  The DD Form 215 does not show the oak
leaf cluster to which the applicant is entitled.

12.  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 his campaign participation.

13.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Summer-Fall 1969, which extended from 9 June
through 31 October 1969; the Vietnam Winter-Spring 1970, which extended
from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive,
which extended from 1 May through 30 June 1970; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

14.  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.

15.  There is no entry in Item 42 (Remarks), of the applicant's DA Form 20,
to indicate that he was disqualified from award of the Good Conduct Medal.

16.  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.

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows the unit to
which the applicant was assigned, the 2nd Battalion, 502nd Infantry, 101st
Airborne Division, was awarded the Valorous Unit Award, for the period 25
April through 25 May 1970, by Department of the Army General Orders (DAGO)
Number 48, dated 1971; and for the period 13 through 30 August 1970, by
DAGO 50, dated 1971.  The applicant's unit was also awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 19 July
1968 through 14 May 1969, by DAGO Number 48, dated 1971, and the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 18 March 1968 through 2 May 1970, by DAGO 48, dated 1971.
18.  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.

19.  The applicant was awarded the Second Class [now known, and hereafter
referred to as the Marksman] Marksmanship Qualification Badge, with Machine
Gun Bar [M-60 Machine Gun], in paragraph 39, Special Orders 151, published
by Headquarters, US Army School/Training Center, Fort McClellan, Alabama,
on 30 June 1969.  This marksmanship qualification badge is not shown on his
DD Form 214.

20.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded twice while he served in Vietnam.  He was
awarded two Purple Hearts (in effect, the Purple Heart, with oak leaf
cluster) for wounds he received in action.  One Purple Heart was added to
his DD Form 214 on 12 January 2004; however, the evidence shows that the
action to correct the applicant's record was not accurate/complete.  He is
entitled to have the Purple Heart, with oak leaf cluster, added to his DD
Form 214.

2.  The applicant was awarded two Air Medals (in effect, the Air Medal,
with Numeral 2).  Only one Air Medal is shown on his DD Form 214.  It would
be appropriate to add the Air Medal, with Numeral 2, to his DD Form 214 at
this time.

3.  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.  There is no record that he was subjected to court-martial
while he served on active duty.  There is no entry in Item 42 (Remarks), of
the applicant's DA Form 20, to indicate that he was disqualified from award
of the Good Conduct Medal.  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 5
March 1969 through 4 March 1971.

4.  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 and to have them
shown on his separation document.

5.  The applicant served in a unit at the time the unit was twice awarded
the Valorous Unit Award (in effect, the Valorous Unit Award, with oak leaf
cluster).  The unit was also awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation; at the time the applicant was a
member of the unit.  He is therefore entitled to these unit awards and to
have them added to his DD Form 214.

6.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Machine Gun Bar.  This marksmanship qualification badge is not
shown on his DD Form 214 and it would be appropriate to add it to his
DD Form 214 at this time.

BOARD VOTE:

tdh _____  ji     _____  mbl   ____  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, with oak leaf cluster;
the Air Medal, with Numeral 2; and the Marksman Marksmanship Qualification
Badge, with Machine Gun Bar, to the applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period
5 March 1969 through 4 March 1971 and adding this award to his DD Form 214;
and

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

      d.  awarding the applicant the Valorous Unit Award, with oak leaf
cluster; 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.




                            ____Thomas D. Howard  __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001871                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050205                                |
|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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