RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 15, 2005
      DOCKET NUMBER:  AR20040002024


      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:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 he received 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 the Purple Heart but
it was never recorded on his DD Form 214.

3.  The applicant provided no documentary evidence in support of his
request even though item 10, DD Form 149, Application for Correction of
Military Record, was annotated to show the Purple Heart certificate and  VA
(Department of Veterans Affairs) medical records were enclosures to the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice or
error, which occurred on 8 July 1970.  The application submitted in this
case is dated 14 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, 9 July 1968.  He completed his basic combat training at Fort
Benning, Georgia, and his advanced individual training at Fort Ord,
California.  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 9 December
1968.  He was assigned to the 2nd Battalion, 12th Infantry, 25th Infantry
Division.  He remained with this unit until he was wounded in action on 11
April 1969 and was medically evacuated to the 12th Evacuation Hospital, Cu
Chi, Vietnam, and in turn to the 249th General Hospital, Camp Drake, Japan,
then to Martin Army
Hospital, Fort Benning, Georgia, to receive medical treatment.  After his
release from treatment, he was assigned to Fort Gordon, Georgia, to
complete the remainder of his military service obligation.

5.  The applicant was honorably released from active duty on 8 July 1970,
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 National Defense Service Medal, and
the Marksman Marksmanship Qualification Badge, with Rifle Bar.  The Purple
Heart is not shown.

7.  The applicant's name appears on the Vietnam Casualty List.

8.  An entry in Item 40 (Brief Description of Wounds), of the applicant's
DA Form 20, Enlisted Qualification Record, has the following entry:  "MFW:
(B) Legs, Stomach, (B) Hands, (B) Arms, (B) Buttocks, Traumatic Amp (L)
Little Finger (R) Forefinger / 11 April 1969."

9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.

10.  A search of the general orders database maintained by the Awards
Branch, Human Resources Command, was made for orders awarding the applicant
the Purple Heart; however, no orders were found.

11.  The applicant submitted a copy of the certificate for award of the
Purple Heart that he received on 12 April 1969 for the wounds he received
in action on 11 April 1969.  This certificate was submitted by "fax" after
a telephone call was made to clarify whether he had been awarded the Purple
Heart or if he was asking to have the Purple Heart awarded to him.

12.  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.
13.  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.


14.  While in Vietnam, the applicant participated in the following two
campaigns: the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.

15.  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.

16.  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 attached, the 2nd Battalion, 12th Infantry, 25th
Infantry Division, was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 1 September 1968 through
30 September 1970, by Department of the Army General Orders (DAGO) Number
5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 1 August 1967 through 21 January 1970,
by DAGO Number 51, dated 1971.

17.  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.

18.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 89, Special Orders 228,
published by Headquarters, US Army Training Center, Air Defense, Fort
Bliss, Texas, on 31 October 1969.  This marksmanship qualification badge is
not shown on his DD Form 214.

19.  Army Regulation (AR) 600-8-22 provides, in pertinent part, for award
of the Vietnam Service Medal.  This medal is awarded to all members of the
Armed Forces of the United States for qualifying service in Vietnam after 3
July 1965
through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

20.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  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 more.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and 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 to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

21.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
persons who have an infantry MOS.  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

22.  The applicant was awarded the First Class [ now known, and hereafter
referred to as the Sharpshooter] Marksmanship Qualification Badge, with
Hand Grenade Bar, in paragraph 16, Special Orders 208, published by
Headquarters, US Army Training Center, Infantry, Fort Benning, Georgia, on
29 August 1968.  This marksmanship qualification badge is not shown on his
DD Form 214.

23.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 1, Special
Orders 219, published by Headquarters, 2nd AIT Brigade, US Army Training
Center, Infantry, Fort Ord, California, on 19 October 1968.  This
marksmanship qualification badge is not shown on his DD Form 214.

24.  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 in action and was awarded the Purple Heart.
He is entitled to have this award added to his DD Form 214.

2.  The evidence of records shows that the applicant held the MOS 11B,
Light Weapons Infantryman, and that he served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.  He is therefore entitled to award of the Combat Infantryman Badge,
effective 11 April 1969, and to have this award added to his DD Form 214.

3.  The applicant served in Vietnam during the qualifying period for award
of the Vietnam Service Medal.  The applicant also participated in two
campaigns of the Vietnam War.  He is therefore entitled to award of two
bronze service stars to be affixed to his Vietnam Service Medal and to have
the Vietnam Service Medal, with two bronze service stars, added to his DD
Form 214.

4.  The applicant served in Vietnam but was medically evacuated due to
wounds he received in action before the completion of six months service in
Vietnam.  Based on the exception for award of the Republic of Vietnam
Campaign Medal, in the awards regulation, he is entitled to this award and
to have it added to his DD Form 214.

5.  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 9 July 1968 through
8 July 1970.

6.  The applicant served in a unit that 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, at a time the
applicant was assigned to this unit.  He is therefore entitled to these
unit awards and to have them added to his DD Form 214.

7.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Hand Grenade Bar, and the Marksman Marksmanship Qualification
Badge with Automatic Rifle Bar.  These badges are not shown on his DD Form
214 and it would be appropriate to add them at this time.

BOARD VOTE:

jlp  _____  tap  _____  kwl____  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, Sharpshooter
Marksmanship Qualification Badge, with Hand Grenade Bar, and the Marksman
Marksmanship Qualification Badge, with Automatic Rifle Bar, to the
applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period
8 July 1968 through 7 July 1970 and adding this award to his DD Form 214;

      c.  awarding the applicant the Combat Infantryman Badge, effective
11 April 1969; the Vietnam Service Medal, with two bronze service stars;
and the Republic of Vietnam Campaign Medal and adding these awards to the
applicant's DD Form 214; and


      d.  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.




                            __   _Jennifer L. Prater___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002024                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|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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