RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       22 March 2005
      DOCKET NUMBER:  AR20040002505


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 correction of his records to show the Bronze
Star Medal with "V" Device, the Army Commendation Medal, and the Purple
Heart.

2.  The applicant states that these awards are not shown on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 February 1971, the date of his separation from active
service.  The application submitted in this case is dated 6 June 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 enlisted in the Regular Army on 28 June 1968 for a period
of three years.  He completed basic and advanced individual training and
was awarded the military occupational specialty 13B40 (Field Artillery
Crewman).
He served in Vietnam from 25 November 1968 to 24 November 1969 with the
101st Airborne Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he earned the National Defense Service Medal, the Vietnam
Service Medal, Vietnam Campaign Medal, and the Sharpshooter Marksman Badge
(M-14) (M-16).

5.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal.
However, his DD Form 214 does not show award of a bronze service star to be
affixed to his Vietnam Service Medal in recognition of campaign credit.



6.  The applicant's DD Form 214 does not show award of the Bronze Star
Medal with "V" Device, the Army Commendation Medal, or the Purple Heart.

7.  The applicant’s service records contain a DA Form 20 (Enlisted
Qualification Record) which shows in item 41 (Awards and Decorations) the
National Defense Service Medal and the Vietnam Service Medal.

8.  The applicant's records contain a DA Form 1577 (Authorization for
Issuance of Awards), dated 1 May 1972.  This form shows that the applicant
was authorized the Bronze Star Medal with "V" Device, the Army Commendation
Medal, and the Purple Heart.

9.  The applicant's records contain General Orders Number 9778,
Headquarters, 101st Airborne Division, dated 28 July 1969.  These orders
show that the applicant was awarded the Bronze Star Medal with "V" Device
for heroism in ground combat against a hostile force in Vietnam on 13 May
1969.

10.  General Orders 9778 contained a narrative which described the
applicant's action for which he was awarded the Bronze Star Medal with "V"
Device.  The narrative stated that the applicant's unit came under heavy
ground attack by an estimated battalion sized enemy force.  The applicant
immediately began to fire his individual weapon at the attacking enemy and
after firing several magazines of ammunition, he manned his howitzer and
began firing illumination rounds for visibility and direct fire at the
enemy.

11.  The narrative also stated that when the applicant's position was
overrun by the advancing insurgents, he moved to the inner perimeter where
he again fired his individual weapon at the enemy.  The narrative continued
that although the applicant was wounded in the ensuing battle, he moved
through a mortar and rocket attack in order to assist his wounded comrades.

12.  General Orders Number 106, Headquarters 101st Airborne Division, dated
15 May 1969, shows that the applicant was awarded the Purple Heart for
wounds received in action on 13 May 1969.

13.  The applicant's records contain General Orders Number 6881,
Headquarters 101st Airborne Division, dated 16 June 1969.  These orders
show that the applicant was awarded the Army Commendation Medal.

14.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

15.  Item 24 of the applicant's DD Form 214 shows award of the Vietnam
Service Medal.  Records show the applicant participated in the Vietnam
Counteroffensive Phase VI (2 November 1968 through 22 February 1969), the
Tet Counteroffensive (23 February 1969 through 8 June 1969), the Vietnam
Summer-Fall Campaign (9 June through 31 October 1969), and the Winter-
Spring Campaign (1 November 1969 through 30 April 1969).  The applicant's
Vietnam Service Medal does not show bronze service stars to indicate credit
for these campaigns.

16.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of "excellent" throughout his service.

17.  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 the unit, to which the applicant
was assigned,
2nd Battalion, 319th Artillery, 101st Airborne Division, was cited for
award of the Presidential Unit Citation based on Department of the Army
General Orders Number 16, dated 1972.

18.  Department of the Army Pamphlet 672-3 also shows that the 2nd
Battalion, 319th Artillery was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 43, dated 1970.

19.  Department of the Army Pamphlet 672-3 also shows that the 2nd
Battalion, 319th Artillery was cited for award of the Republic of Vietnam
Civil Actions Honor Medal based on Department of the Army General Orders
Number 48, dated 1971.

20.  Army Regulation 800-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.

21.  Army Regulation 600-8-22 provides, 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 medal, which in this case is
the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Bronze Star Medal with "V" Device, the Army Commendation
Medal, and the Purple Heart.

2.  General Orders Number 106, dated 15 May 1969 show that the applicant
was awarded the Purple Heart.  Therefore, he is entitled to correction of
his records to show award of the Purple Heart.

3.  General Orders Number 9778, dated 28 July 1969 show that the applicant
was awarded the Bronze Star Medal with "V" Device.  Therefore, he is
entitled to correction of his records to show the Bronze Star Medal with
"V" Device for heroism in ground combat against a hostile force on 13 May
1969 while serving in Vietnam.

4.  General Orders Number 6881, dated 16 June 1969 show that the applicant
was awarded the Army Commendation Medal.  Therefore, he is entitled to
correction of his records to show the Army Commendation Medal.

5.  The applicant is entitled to award of Presidential Unit Citation based
on Department of the Army General Orders Number 16, dated 1970.  Therefore,
he is entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant is also entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class based on Department of the Army
General Orders Number 48, dated 1971 and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 43, dated 1970.  Therefore, he is entitled to correction of
his DD Form 214 to show these unit awards.

7.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 14 December 1967 to 12
December  1969 ending with termination of a period of Federal military
service.

8.  The applicant is entitled to award of four bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in four campaigns during his Vietnam service.





9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1971, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 February 1974.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__tdh___  __rjo___  __jbg___  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.  awarding him the Good Conduct Medal for the period 28 June 1968
through 5 February 1971, and


      b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class, and to show he is authorized to wear four bronze service stars on
his Vietnam Service Medal.

      c.  amending his DD Form 214 to add the Bronze Star Medal with "V"
Device, the Army Commendation Medal, and the Purple Heart




                                  Thomas D. Howard, Jr.
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002505                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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