RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 April 2005
      DOCKET NUMBER:  AR20040003992


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |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 award of the
Purple Heart (PH), and the Bronze Star Medal (BSM).

2.  The applicant states that he was awarded the PH on 30 August 1966 and
the BSM on 6 April 1967 while serving in Vietnam with the 25th Infantry
Division.

3.  The applicant provides in support of his request a:

      a.  DD Form 214 and a copy of DD Form 215 (Correction to the DD Form
214) which shows his "date of entry" on active duty.


      b.  PH Certificate, dated 13 August 1966.


      c.  BSM Certificate, dated 6 April 1967, and Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
14 March 1968.  The application submitted in this case is dated 28 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.  On 15 March 1965, the applicant enlisted in the Regular Army for 3
years.  He served in military occupational specialty (MOS) 11B (Light
Weapons Infantryman).  He served in Vietnam from 30 January 1966 to 17
March 1967 with Company B, 4th Battalion, 9th Infantry, 25th Infantry
Division.  He served during two campaigns – Vietnam Counteroffensive and
Vietnam Counteroffensive Phase II.

4.  On 14 March 1968, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  His DD Form 214 shows
he was awarded the National Defense Service Medal, Vietnam Service Medal
(VSM), Vietnam Campaign Medal, Good Conduct Medal, Combat Infantryman
Badge, and the Sharpshooter Marksmanship Qualification Badge (Rifle).  The
BSM and the PH are not shown as authorized awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) Item 40
(Wounds) is annotated "WP (white phosphorus) Burns Both Arms, Neck, 20
August 1966."  The applicant's name also appears on the Vietnam Casualty
List, a compilation of all casualties during the Vietnam War.

6.  General Orders Number 1023, Headquarters, 25th Infantry Division, dated

22 March 1967 shows the applicant was awarded the BSM for meritorious
service in connection with military operations against a hostile force in
Vietnam from April 1966 to March 1967.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  This regulation provides, in
pertinent part, that:

      a.  The BSM is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendation, approval through the chain of command, and announcement in
orders is required.  Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.

      b.  The 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.


      c.  A bronze service star is authorized 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.  The
applicant is authorized award of two bronze service stars for wear on his
VSM to represent his service from 30 January 1966 to 17 March 1967.

8.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one OSB is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the OSB.  The applicant is authorized award of two OSB's to
represent his service from 30 January 1966 to 17 March 1967.

9.  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 Republic of Vietnam Gallantry Cross
Unit Citation with Palm for the period December 1965 to August 1968 by
Department of the Army General Orders (DAGO) Number 48, dated 1971.  It
also shows that the unit was awarded the Republic of Vietnam Civil Actions
Honor Medal, First Class for the period 1 January 1966 to 21 January 1970
by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 1023 is evidence that the applicant was awarded
the BSM.  This document establishes a basis to correct his DD Form 214 to
show award of the BSM.

2.  In addition to the PH certificate provided by the applicant, his DA
Form 20 and the Vietnam Casualty List supports that he was wounded in
action on
20 August 1966.  His DD Form 214 should be corrected to show this award.

3.  The evidence available also supports correcting the applicant's DD Form
214 to show award of:

      a.  Two bronze service stars;


      b.  Two OSB's;


      c.  The Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and


      d.  The Republic of Vietnam Civil Actions Honor Medal, First Class.

BOARD VOTE:

__mhm___  __kah___  __lf____  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 showing award of the BSM, PH, two
bronze service stars to be worn on his VSM; two Overseas Service Bars,
Republic of Vietnam Gallantry Cross Unit Citation with Palm; and the
Republic of Vietnam Civil Actions Honor Medal, First Class.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003992                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0056                                |
|4.                      |107.0079                                |
|5.                      |107.0094                                |
|6.                      |                                        |


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