RECORD OF PROCEEDINGS


      IN THE CASE OF:    .


      BOARD DATE:        3 February 2005
      DOCKET NUMBER:  AR20040002034


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 his record be corrected to show
award of the Purple Heart.

2.  The applicant states, in effect, that the award of the Purple Heart was
administratively left off of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 for the period ending
     16 December 1969 and a certificate awarding him the Purple Heart dated
        31 March 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1969, the date of his separation from active duty.
The application submitted in this case is dated 13 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's military records show that he entered active duty on
          28 December 1966.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 62J (General Construction Machine Operator).  He served in
Vietnam from 9 May 1967 through 7 May 1968 as a member of Headquarters and
Headquarters Company, 1st Engineer Battalion, 1st Infantry Division.  He
was honorably discharged on 16 December 1969.

4.  The applicant's DD Form 214 does not show in item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) the award of the Purple Heart.

5.  The applicant's records contain Headquarters, 1st Infantry Division
General Orders Number 3728 dated 19 April 1968, which awarded him the
Purple Heart, for wounds received in connection with military operations
against a hostile force on 31 March 1968.

6.  The applicant's name is listed on the Vietnam Casualty Roster and shows
that he was wounded in action on 31 March 1968.

7.  The applicant provided a certificate dated 20 April 1968.  This
document shows he was awarded the Purple Heart for wounds received in
action               31 March 1968.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows that the applicant received fragment wounds to the buttocks
on 31 March 1968.

9.  The applicant's DD Form 214 does not show in item 24 that he was
awarded the Army Good Conduct Medal.  However, his military records contain
Headquarters, USA Ninth Field Artillery Missile Group General Orders Number
335, dated 24 October 1969, which awarded the applicant the Army Good
Conduct Medal for the period 28 December 1966 to 27 December 1969.

10.  The applicant's records contain Headquarters, 1st Infantry Division
General Orders Number 7190 dated 3 October 1967, which awarded him the Army
Commendation Medal, for meritorious achievement from 22 August 1967 to
22 August 1967.

11.  The applicant's records contain Headquarters, 1st Infantry Division
General Orders Number 7764 dated 28 October 1967, which awarded him the
Army Commendation Medal, for meritorious achievement from 29 September 1967
to 14 October 1967.

12.  The applicant's records contain Headquarters, 1st Infantry Division
General Orders Number 2739 dated 26 March 1968, which awarded him the Army
Commendation Medal with "V" Device, for heroism while serving as a rome
plow operator with his engineer battalion in the Republic of Vietnam on 1
November 1967.

13.  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 shows that, at the time of the
applicant's assignment to Headquarters and Headquarters Company, 1st
Engineer Battalion, 1st Infantry Division, it was awarded the Meritorious
Unit Commendation based on Department of the Army General Orders Number 51,
dated 1971 and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 21, dated
1969.

14.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part,
the military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following four campaigns: Vietnam Counteroffensive, Phase II; Vietnam
Counteroffensive, Phase III; TET Counteroffensive; and Vietnam
Counteroffensive, Phase IV.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart.

2.  Orders show the applicant was awarded the Purple Heart on 19 April 1968
for wounds he received to the buttocks on 31 March 1968.  Therefore, his DD
Form 214 should be corrected to show the Purple Heart.

3.  Orders show the applicant was awarded the Army Good Conduct Medal.
Therefore, his DD Form 214 should be corrected to show the Army Good
Conduct Medal

4.  Orders show the applicant was awarded his first Army Commendation Medal
on 3 October 1967, his second Army Commendation Medal on 28 October 1967
and his third Army Commendation Medal with a "V" Device on 26 March 1968.
Therefore, his DD Form 214 should be corrected to show the Army
Commendation Medal (Second Oak Leaf Cluster) with "V" Device.

5.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Meritorious
Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and three bronze service stars for wear on his Vietnam Service
Medal.

6.  Record show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on       15 December 1972.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___mm__  __ljo____  __lmb___  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 he was awarded the Purple
Heart, the Army Good Conduct Medal, the Army Commendation Medal (Second Oak
Leaf Cluster) with "V" Device, the Meritorious Unit Commendation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and three
bronze service stars for wear on his Vietnam Service Medal.




                            _____Melvin H. Meyer______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015/Purple Heart                   |
|2.                      |107.0056/Army Good Conduct Medal        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]