RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 MARCH 2005
      DOCKET NUMBER:  AR20040001958


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 that his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Purple Heart, Army Good
Conduct Medal, Combat Infantryman Badge, and Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

2.  The applicant states those awards are not shown on his DD Form 214.

3.  The applicant provides an official statement showing the awards to
which he is entitled, a copy of a certificate awarding him the Purple
Heart, and a copy of his 11 August 1969 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 February 1996.  The application submitted in this case
is dated   4 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 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.  The applicant is requesting that his 11 August 1969 DD Form 214 be
corrected in that awards that he is entitled to are not reflected on that
form; however, the applicant’s military service continued after that date,
and he was placed on the temporary disability retired list (TDRL) with more
than 19 years of active federal service, and issued a DD Form 214 dated 21
February 1996.  This DD Form 214 is the most recent, and the one that
warrants correction by the Board.

4.  The applicant enlisted in the Army for three years on 12 August 1966.
His personnel qualification record shows that he completed 9 weeks of
infantry training, 1 week of “RVN” (Republic of Vietnam) training, and 2
weeks in a
leadership preparatory school, all in 1967.  Trained as an infantryman, he
served in Vietnam for over 8 months.  Orders published by the 71st
Evacuation Hospital on 7 November 1967 show that the applicant, then
assigned to Company D,     4th Battalion, 503d Infantry, of the 173d
Airborne Brigade, was awarded the oak leaf cluster to the Purple Heart.
The Vietnam Casualty Roster maintained by this agency shows that the
applicant was wounded in action in Vietnam on two occasions, 10 July 1967
and 6 November 1967.  The applicant completed his period of enlistment and
was released from active duty on 11 August 1969 in the grade of sergeant.
His DD Form 214 does not reflect the awards which he is requesting.  It
shows award of the National Defense Service Medal, Parachute Badge, Expert
badge with the rifle, pistol, and machinegun bars, Vietnam Service Medal
with four bronze service stars, and the Republic of Vietnam Campaign Medal.


5.  The Unit Citation and Campaign Participation Credit Register shows that
the 4th Battalion, 503d Infantry was awarded the Presidential Unit Citation
for its actions from 6-23 November 1967, and the Meritorious Unit
Commendation for its actions for the period 5 May 1965-4 May 1967.

6.  An official statement prepared by the Office of the Adjutant General on
          5 March 1987 shows that the applicant was entitled to award of
the Purple Heart with first oak leaf cluster, the Army Good Conduct Medal,
the National Defense Service Medal, the Vietnam Service Medal with four
bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam
Campaign Medal with device (1960), the Parachutist Badge, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Expert Badge with
rifle, pistol, and machinegun bars.

7.  The applicant’s personnel qualification record shows that he served in
the Army Reserve not on active duty from 12 August 1969 to 9 June 1972, and
that he enlisted in the South Carolina Army National Guard on 10 June 1972.
 He continued his service with the Guard, a good part of which was in an
AGR (Active Guard/Reserve) status, until he was placed on the TDRL in 1996.


8.  The applicant was awarded the Army Commendation Medal for meritorious
service from 18 April 1991 to 17 April 1993.  He was awarded the
Meritorious Service Medal (first oak leaf cluster) on 15 February 1996.
His official military personnel file (OMPF) shows that he received the 2nd,
3rd, and 4th awards of the Army Good Conduct Medal, the 2nd award for the
period 16 April 1984 to     15 April 1987.

9.  On 21 February 1996 the applicant was placed on the TDRL.  His DD Form
214 shows that he entered on active duty on 23 July 1980.  He had 15 years,
     6 months, and 29 days of active service from 1980 to 1996, and 4 years
of prior active service.  His DD Form 214 shows award of the Combat
Infantryman Badge.  It does not show award of the Purple Heart (first oak
leaf cluster) or the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.  It does not show award of the Army Commendation Medal.  It shows
only one award of the Meritorious Service Medal, and one award of the
National Defense Service Medal.  It does not show the weapons qualification
badges that he earned.    His DD Form 214 shows four awards of the Army
Good Conduct Medal.

10.  On 22 December 1997 the applicant was removed from the TDRL and
permanently retired with an 80 percent disability rating the following day.

11.  The National Defense Service Medal is awarded for honorable active
service for any period between 1 January 1961 and 14 August 1974, and  from
2 August 1990 to 25 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on two occasions while in Vietnam,
and was awarded the Purple Heart (first oak leaf cluster).  That award
should be shown on his DD Form 214.

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.  That award should be reflected on his DD
Form 214.

3.  The applicant was awarded the Army Commendation Medal and the
Meritorious Service Medal (first oak leaf cluster).  Those awards should be
shown on his DD Form 214.

4.  The applicant was awarded the National Defense Service Medal for his
honorable service from 1966-1969.  He is entitled to a second award of that
medal for his honorable service during the 1990’s.

5.  The applicant’s weapons qualification badges should be reflected on his
     DD Form 214.

6.  The applicant’s 1996 DD Form 214 shows four awards of the Army Good
Conduct Medal, the second award being for the period 16 April 1984 to 15
April 1987.  His DD Form 214 reflects his active duty service beginning on
23 July 1980.  It would appear then that the first award would have been
for the three year period ending in 1984, despite the lack of evidence
thereof.  Consequently, it would appear that the four awards of the Army
Good Conduct Medal shown on his 1996 DD Form 214 were for his service with
the South Carolina Army National Guard while in an AGR status.  His 11
August 1969 DD Form 214 does not show award of the Army Good Conduct Medal;
however, the official statement prepared by the Office of the Adjutant
General shows that he is entitled to that award for his period of service
from 12 August 1966 to 11 August 1969.  It would appear that this award is
not reflected on his 1996 DD Form 214. Therefore, it would be appropriate
to correct this form to show five awards of the Army Good Conduct Medal.


7.  The applicant served in Vietnam for 8 months; and, although the exact
period of his service there cannot be determined, he was wounded in action
in July 1967 and again in November 1967.  He was with the 4th Battalion,
503 Infantry when it was awarded the Presidential Unit Citation and with
that organization when it was awarded the Meritorious Unit Commendation,
more than likely having been assigned to Vietnam in early 1967 subsequent
to completion of this training.  Consequently, it would be appropriate to
correct the applicant’s           DD Form 214 to show award of the
Presidential Unit Citation and the Meritorious Unit Commendation.

BOARD VOTE:

__WM___  ___RD__  ___AU___  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 showing award of the Purple Heart
(first oak leaf cluster), the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, the Army Commendation Medal, the Meritorious Service
Medal (first oak leaf cluster), two awards of the National Defense Service
Medal, the Expert Marksmanship Qualification Badge with rifle, pistol, and
machinegun bars, five awards of the Army Good Conduct Medal, the
Presidential Unit Citation, and the Meritorious Unit Commendation.




                            _____Walter Morrison_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001958                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050301                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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