RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040004329


      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 his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of the Purple Heart and the Army
Commendation Medal with “V” device.

2.  The applicant states that he received the awards; however, they are not
reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of a letter
from the Department of Veterans Affairs, a copy of orders and a certificate
showing award of the Army Commendation Medal with “V” device, and a copy of
a certificate showing award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 November 1969.  The application submitted in this case
is dated 4 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 8 April 1968, completed
basic training at Fort Ord, California, where he qualified as a
sharpshooter with the rifle. He completed training as an artilleryman at
Fort Sill, Oklahoma, and in September 1968 was assigned to the 3d
Battalion, 34th Artillery of the 9th Infantry Division in Vietnam.  In
February 1969 he was assigned to the 9th Administration Company of the 9th
Infantry Division.

4.  On 10 February 1969 orders were published by the 9th Infantry Division
awarding the applicant the Army Commendation Medal with “V” device for his
heroism against an armed hostile force on 10 January 1969.

5.  On 13 February 1969 orders were published by the 9th Infantry Division
awarding the applicant the Army Commendation Medal for achievement for the
period 28 September 1968 to 26 January 1969.

6.  The applicant was promoted to pay grade E-5 on 1 March 1969.

7.  On 23 April 1969 orders were published by the 9th Infantry Division
awarding him the Purple Heart for wounds received in action on 14 April
1969.

8.  On 18 July 1969 orders were published by the 9th Infantry Division
awarding him the Army Commendation Medal for achievement for the period 12
May 1969 to 19 May 1969.

9.  The applicant completed his tour of duty in Vietnam and returned to the
United States.  He was released from active duty at Oakland, California on
      11 November 1969.  He participated in five campaigns during his tour
in Vietnam. The 3rd Battalion, 34th Artillery was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for its actions during
his assignment to that organization.

10.  The applicant’s DD Form 214 shows one award of the Army Commendation
Medal.  It does not show award of the Purple Heart and the award of the
Vietnam Service Medal does not reflect the number of campaigns he
participated in.

11.  The Vietnam Service Medal is awarded to all members of the Armed
Forces serving in Vietnam from 3 July 1965 through 28 March 1973.  One
bronze service star is authorized for each campaign.  A silver star is worn
instead of five bronze service stars.

12.  Army Regulation 600-8-22 provides that the 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 applicant was wounded in action and awarded the Purple Heart.  He
was also awarded the Army Commendation Medal with ”V” device, and two
awards of the Army Commendation Medal for meritorious achievement.  These
awards should be shown on his DD Form 214.
2.  The applicant qualified as a sharpshooter with the rifle.  The award of
the Sharpshooter Marksmanship Qualification Badge with rifle bar should be
shown on his DD Form 214.

3.  The applicant participated in five campaigns in Vietnam.  His DD Form
214 should reflect award of the Vietnam Service Medal with silver service
star.

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

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

BOARD VOTE:

___MM__  ___TO __  ___JM __  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 showing award of the Purple Heart, the
Army Commendation Medal with “V” device, two awards of the Army
Commendation Medal for meritorious achievement, the Sharpshooter
Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal
with silver service star, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Army Good Conduct Medal.




                            ______Mark Manning________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004329                           |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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