RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040004109


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |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 spelling of his last name be corrected
on his DD Form 214 (Report of Transfer or Discharge), and that his DD Form
214 show award of the Purple Heart (first oak leaf cluster).

2.  The applicant states that the 4th character of his last name contains
the letter “L” on his DD Form 214.  It should show “D” instead.  He states
that he was wounded in action in December 1969 and again in February or
March of 1970.

3.  The applicant provides a copy of his DD Form 214, a copy of orders
showing award of the Purple Heart (first oak leaf cluster), and a copy of a
certificate showing that he was awarded the Purple Heart (first oak leaf
cluster).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 April 1970.  The application submitted in this case is
dated 1 July 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 was inducted into the Army on 29 March 1968, trained as
an infantryman, and in May 1969 was assigned as a rifleman with Company B,
    2nd Battalion (Airmobile), 506th Infantry, in Vietnam.  He was awarded
the Combat Infantryman Badge, the Air Medal (second award), and the Army
Commendation Medal, all of which are shown on his DD Form 214.

4.  On 3 February 1970 the 101st Airborne Division awarded the applicant
the Bronze Star Medal for meritorious service.  That award is not shown on
his       DD Form 214.

5.  On 26 February 1970 he sustained multiple fragment wounds from an enemy
booby trap.  He was medically evacuated to Japan and thence to the United
States at Fort Riley, Kansas.  The applicant participated in three
campaigns during his tour in Vietnam.  The 2nd Battalion (Airmobile), 506th
Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation for its actions while he was assigned to that
organization.

6.  On 28 February 1970 the 85th Evacuation Hospital awarded the applicant
the Purple Heart (first oak leaf cluster) for the wounds that he received
on                26 February 1970.

7.  On 10 March 1970 the 101st Airborne Division awarded the applicant the
Purple Heart for the wounds that he received on 26 February 1970.

8.  The applicant agreed to remain on active duty past the expiration date
of his service for medical treatment.  He was released from active duty at
Fort Riley in the grade of sergeant on 3 April 1970.  His DD Form 214 does
not show awards of the Purple Heart.  It does not show award of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
nor does it show that he participated in three campaigns.

9.  The 4th character on the copy of the DD Form 214 that he furnished, at
first glance appears to be an “L.”   Closer examination indicates that it
is a “D.”  This is borne out by the onionskin copy contained in his
Official Military Personnel File (OMPF) which clearly shows that his last
name is spelled correctly.

10.  The Vietnam Casualty Roster maintained by this agency shows that the
applicant was wounded as a result of hostile action on 15 December 1969 and
again on 26 February 1970.  The applicant’s OMPF, however, does not contain
orders showing that he was wounded in action on 15 December 1969.

11.  The Army Good Conduct Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The spelling of the applicant’s last name on his DD Form 214 is
correct.  In this respect, no action is required by the Board.

2.  The applicant was wounded in action on two occasions.  His DD Form 214
should show award of the Purple Heart (first oak leaf cluster).  Orders
published by the 85th Evacuation Hospital reflect that information;
however, there are no orders showing that he was awarded the Purple Heart
for being wounded in action on 15 December 1969.  The applicant’s record
should be corrected by issuing orders showing award of the Purple Heart for
being wounded in action on 15 December 1969.

3.  The applicant was awarded the Bronze Star Medal.  That award should be
shown on his DD Form 214.

4.  The applicant participated in three campaigns in Vietnam.  His record
should reflect award of the Vietnam Service Medal with three bronze service
stars (one for each campaign).

5.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

6.  The evidence shows that the applicant served his country faithfully and
honorably.  He is entitled to award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___TO __  ___JM __  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 showing award of the
Purple Heart (first oak leaf cluster), the Bronze Star Medal, the Vietnam
Service Medal with three bronze service stars, the Republic of Vietnam
Civil Actions Honor Medal First Class, and the Army Good Conduct Medal.
Orders should be published showing that the applicant was awarded the
Purple Heart for being wounded in action on            15 December 1969.

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
correcting the spelling of his name on his separation document.




                            ______Mark Manning________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004109                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.10                                  |
|2.                      |110.04                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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