RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2005
      DOCKET NUMBER:  AR20040002709


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show:

      a.  Award of the Purple Heart and Army Commendation Medal.

      b.  Assignment to the 82nd Airborne Division.

2.  The applicant also requests "investigation of the possibility of . . .
award of the Bronze Star."

3.  The applicant states:

      a.  He was wounded in Vietnam, but the Purple Heart is not listed as
one of his awards.

      b.  He received the Army Commendation Medal, but it is not listed as
one of his awards.

      c.  In 1968, his commander told him he was recommending him for a
Bronze Star Medal, but he never received it.

      d.  He served with the 82nd Airborne Division, not the 92nd Infantry.

4.  The applicant provides:

      a.  Self-authored statement, dated 2 June 2004.

      b.  DD Form 214 for the period 23 August 1967 to 17 February 1969.

      c.  General Orders Number 122, Headquarters, 67th Evacuation
Hospital, APO San Francisco 96238, dated 9 April 1968, awarding him the
Purple Heart for actions on 6 April 1968.

      d.  General Orders Number 190, Headquarters, 3rd Brigade, 82nd
Airborne Division, dated 19 November 1968, awarding him the Purple Heart
for actions on 6 April 1968.

      e.  Purple Heart Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 February 1969.  The application submitted in this case
is dated 1 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted into the Army of the United States on 23
August 1967.  Following Basic Combat Training (BCT) and Infantry Advanced
Individual Training (AIT) at Fort Jackson, South Carolina, he completed the
Basic Airborne Course at Fort Benning, Georgia.  He was awarded military
occupational specialty (MOS)  11B1P (Airborne Infantryman).

5.  The applicant was assigned to Company B, 505th Infantry, 82nd Airborne
Division on/about 13 February 1968.  The next day the entire unit was
transferred to Vietnam.

6.  On 6 April 1968, the applicant was severely wounded in action and was
medically evacuated from Vietnam.  He was sent to Walter Reed General
Hospital where he remained a patient from on/about 15 May 1968 to 17
February 1969.

7.  As a result of a Physical Evaluation Board (PEB) hearing, the applicant
was found unfit for duty and was recommended for permanent disability
retirement.  He was honorably discharged by reason of permanent disability
retirement on 17 February 1969.  His DD Form 214 lists his unit as "Co B,
1st Bn, 505th Inf, 92 Abn Div."  It lists his awards and decorations as
Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam
Campaign Medal with Device 1960, Parachutist Badge, Marksman (Rifle M-14).

8.  The Purple Heart and the Army Commendation Medal are not listed as
authorized awards.

9.  A letter to the applicant from the Office of The Adjutant General, US
Army Reserve Components Personnel and Administration Center (RCPAC), St.
Louis, Missouri, dated 29 September 1972, states that his former commander
awarded him the Army Commendation Medal.

10.  The applicant's DA Form 20 (Enlisted Qualification Records) shows that
he had excellent conduct and efficiency ratings throughout his military
service.

11.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.

      a.  The Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.  As a supplement to the AR, US Army Vietnam (USARV)
Regulation 672-1 (Decorations and Awards) provided further guidance for
award of the Purple Heart.  It stated that Soldiers who were treated and
returned to their units within 24 hours of being wounded would be awarded
the Purple Heart by their unit of assignment.  For wounded Soldiers
requiring hospitalization in excess of 24 hours or medical evacuation from
Vietnam, the authority to award the Purple Heart was delegated to hospital
commanders.

      b.  The Army Commendation Medal may be awarded to any member of the
Armed Forces of the United States who, while serving in any capacity with
the Army after 6 December 1941, distinguished himself or herself by
heroism,
meritorious achievement or meritorious service.  As with all personal
decorations, formal recommendations, approval through the chain of command,
and announcement in orders are required.

      c.  The Good Conduct Medal (GCMDL) 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.

      d.  A bronze service star is awarded based on qualifying service for
each campaign listed in Appendix B of this regulation.  Authorized bronze
service stars will be worn on the appropriate service medal.  A single
silver service star denotes five campaigns.

      e.  The Combat Infantryman Badge (CIB) is awarded to infantry
officers and to enlisted and warrant officer personnel 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 US Army Human Resources Command (HRC) – Alexandria,
Virginia has advised, in similar cases, that during the Vietnam era the CIB
was awarded only to enlisted individuals who held and served in MOS 11B,
11C, 11F, 11G, or 11H.

12.  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 was cited for award of the Meritorious Unit Commendation for
the period 14 March 1968 to 3 October 1968, by Department of the Army
General Order Number 5, dated 1977 and for the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.  It also shows
that he participated in two campaigns, the TET Counteroffensive, 30 January
1968 to 1 April 1968, and the Vietnam Counteroffensive, Phase IV, 2 April
1968 to 30 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he is entitled to award of the Purple
Heart.  This should have been entered on his DD Form 214  by Walter Reed
General Hospital.

2.  Although the orders are not present in the record, as an exception to
policy,  the applicant's entitlement to the Army Commendation Medal is
established based upon the 1972 RCPAC letter denoting award of that
decoration.  This should be added to his DD Form 214.

3.  The applicant's excellent conduct and efficiency ratings, coupled with
the absence of any derogatory information in his record, establishes his
entitlement to award of the Good Conduct Medal.  This should be added to
his DD Form 214.

4.  The applicant served in two campaigns during his tour in Vietnam.  He
is entitled to wear two bronze service stars on his Vietnam Service Medal.

5.  The applicant was an infantryman, serving in an infantry unit in
combat.  He is entitled to award of the Combat Infantryman Badge.

6.  The applicant was a member of a unit serving in Vietnam that was
awarded the Meritorious Unit Commendation for the period 14 March 1968 to 3
October 1968, by Department of the Army General Order Number 5, dated 1977
and the Vietnam Gallantry Cross Unit Citation with Palm.  He is entitled to
have these unit awards noted on his DD Form 214.

BOARD VOTE:

__rjw___  __jtm___  __jkr___  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.  Deleting the Vietnam Service Medal from his DD Form 214; and

      b.  Adding the Purple Heart, Army Commendation Medal, Good Conduct
Medal, Vietnam Service Medal with two bronze service stars, Combat
Infantryman Badge, Meritorious Unit Commendation, and the Vietnam Gallantry
Cross Unit Citation with Palm.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002709                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0020                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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