RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 February 2005
      DOCKET NUMBER:  AR20040003055


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |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 the Purple Heart be added to his DD Form
214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the Purple Heart was on his DD Form 214 but
he asked the clerk to remove it.  He wanted a job and thought being a
wounded combat veteran from Vietnam would hold him back from getting a good
job.  In a 1 June 2004 letter to the National Personnel Records Center, the
applicant stated that he was enclosing copies of his service medical
records which showed he was wounded in the field on or about 10 November
1970 and had surgery about 4 days later.

3.  The applicant provided a 9 June 2004 letter from the Disabled American
Veterans National Service Office, Waco, TX.  The letter does not state that
copies of his service medical records were attached and no service medical
records from his first enlistment are available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 October 1971.  The application submitted in this case
is dated      9 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 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 was inducted into the Army on 24 February 1970.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company B, 2d
Battalion (Airborne), 503d Infantry, 173d Airborne Brigade on 23 September
1970.  He was reassigned to Headquarters and Headquarters Company,
173d Airborne Brigade on 30 April 1971.  He departed Vietnam on or about
    12 September 1971.

5.  The applicant was honorably released from active duty on 22 October
1971 after completing 1 year, 7 months, and 29 days of creditable active
service.  He had received conduct and efficiency ratings of "excellent"
throughout this period of service and had no record of disciplinary actions
during this period of service.

6.  The applicant's DD Form 214 for the period ending 22 October 1971 shows
he was awarded the National Defense Service Medal, the Army Commendation
Medal, the Parachutist Badge, the Combat Infantryman Badge, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter
Marksmanship Qualification Badge (Rifle M16), and the Bronze Star Medal.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does
not show that he was wounded in action.  His name is not listed on the
Vietnam Casualty Roster.  No Purple Heart orders are in his service
personnel records.  Only his Report of Medical History from his separation
physical is available but it does not indicate that he was a patient in any
hospital or had been seen by a physician for other than minor illnesses
within the past 5 years.

8.  The applicant enlisted in the Regular Army on 4 December 1985.  He was
separated on 28 March 1986.  His DD Form 214 for the period ending 28 March
1986 shows he was awarded the Expert Marksmanship Qualification Badge
(Rifle M16), the Expert Qualification Badge (Hand Grenade), the National
Defense Service Medal, the Army Commendation Medal, the Combat Infantryman
Badge, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the
Vietnam Service Medal with two bronze service stars, and the Parachutist
Badge.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 672-5-1, in effect at the time of the applicant's
first period  of service, provided policy and criteria concerning
individual military decorations. It stated that the Army Good Conduct Medal
was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
         27 August 1940 and, for the first award only, upon termination of
service on or after 27 June 1950 of less than 3 years but more than 1 year.
 At the time, a soldier’s conduct and efficiency ratings must have been
rated as “excellent” for the entire period of qualifying service

11.  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 the 2d Battalion, 503d Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 5 May 1965 through         26 September 1970 by Department
of the Army General Orders (DAGO) Number 51 dated 1970.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2d Battalion, 503d Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 15 April 1969 through 16 March 1971 by DAGO
Number 5 dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had stated in a letter to the National Personnel Records
Center that he was providing them copies of his service medial records
which showed he was wounded on or about 10 November 1970.  However, those
records were not available to the Board.  His DA Form 20 did not show he
had been wounded in action, no orders awarding him the Purple Heart were in
his files, and his name was not listed on the Vietnam Casualty Roster.
Therefore, there was insufficient evidence on which to add the Purple Heart
to his DD Form 214 or to award him the Purple Heart.

2.  It appears the applicant met the eligibility criteria for award of the
Army Good Conduct Medal for his first period of service.  It would be
equitable to award    him the Army Good Conduct Medal for the period 24
February 1970 through     22 October 1971 at this time.

3.  The applicant was assigned to a unit during a period of time that unit
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.  His last DD Form 214 should be amended to add these unit awards.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__ym____  __rjw___  __jkr___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 Army Good Conduct Medal for the period 24
February 1970 through 22 October 1971; and

     b.  adding the Army Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the Purple Heart to his DD Form 214.




            ___Yolanda Maldonado__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003055                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050224                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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