RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 March 2005
      DOCKET NUMBER:  AR20040002154


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that his separation document (DD Form
214) did not include the PH and needs the record updated to for his current
employer, the United States Postal Service.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 20 December 1968.  The application submitted in this case
is dated 18 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 he enlisted in the Regular Army and
entered active duty on 28 December 1966.  His Enlisted Qualification Record
(DA Form 20) shows he was trained in, awarded and served in military
occupational specialty (MOS) 11B (Infantryman).  He was promoted to the
rank of private first class (PFC) on 3 March 1967 and this is the highest
rank he attained while serving on active duty.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 28 June 1967 through 24
June 1968.  It further shows that during his RVN tour, he was assigned to
Headquarters Company, 1st Battalion, 327th Infantry Regiment, 101st
Airborne Division, performing duties in MOS 11B as a rifleman.  Item 38
(Record of Assignments) shows he received “Excellent” conduct and
efficiency ratings at each of his active duty assignments.  Item 40
(Wounds) contains an entry that indicates he was wounded in action on 16
March 1968, when he received fragmentation wounds to his arm, leg and
chest.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the Army Good Conduct Medal (AGCM).

6.  On 20 December 1968, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months and 23 days of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of the separation
document he was issued upon his separation shows he earned the National
Defense Service Medal, Vietnam Service Medal, Parachutist Badge and Combat
Infantryman Badge.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
roster contains an entry pertaining to the applicant that confirms he was
wounded in action in the RVN.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal and it states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member is
credited with participating in while serving in the RVN.  Table B-1
contains a list of campaigns and it shows that during the applicant’s
tenure of assignment in the RVN, he was credited with participating in the
Vietnam Counteroffensive Phase III, TET Counteroffensive 1968 and Vietnam
Counteroffensive Phase IV campaigns.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only, a
period of more than one but less than 3 years is a qualifying period.
Although there is no automatic entitlement to the AGCM, disqualification
must be justified.
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 327th Infantry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  The evidence of record includes a DA Form 20
entry showing he was wounded in action on 16 March 1968, while serving in
the RVN. The DA Vietnam Casualty Roster contains an entry that corroborates
the fact the applicant was wounded in action while serving in the RVN.  As
a result, the regulatory burden of proof necessary to support award of the
PH has been satisfied in this case.  Thus, it would be appropriate to award
the applicant the PH and add it to his record at this time.

2.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 28 December 1966 through 20
December 1968.

3.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation and
3 bronze service stars with his Vietnam Service Medal.

BOARD VOTE:

___MTM_  __PMS__  ___BJE  _  GRANT 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 awarding him the Purple Heart and Army
Good Conduct Medal; by showing he is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Action
Honor Medal First Class Unit Citation and 3 bronze service stars with his
Vietnam Service Medal; and by providing him a corrected separation document
that includes these awards.




            ____Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002154                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Hardship                                |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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