RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 May2005
      DOCKET NUMBER:  AR20040005130


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |Member               |
|     |Ms. Susan A. Powers               |     |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 award of the Purple Heart and the Good Conduct
Medal.

2.  The applicant states that he was wounded by a rocket attack in Vietnam.
 He further states that a medic put stitches in the wound and this
information should be in his medical records.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 May 1969.  The application submitted in this case is dated 29
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 of the United States on 30
August 1967.  He completed basic and advanced individual training and was
awarded the military occupational specialty 63B20 (Wheeled Vehicle
Mechanic).  He served with the 4th Battalion, 9th Infantry, 25th Infantry
Division in Vietnam.  He was honorably separated from active duty on 1 May
1969.

4.  There are no orders in the applicant's service personnel records
supporting  award of the Purple Heart.  There is also no evidence which
shows that the applicant was wounded or treated for wounds as a result of
hostile action.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show an entry in item 40 (Wounds).  Item 41 of this form (Awards,
Decorations and Campaigns) does not show award of the Purple Heart.

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  There are no medical records contain in the applicant's military
personnel file.

8.  The applicant's service personnel records do not contain any medical
records that show the applicant was wounded or treated for wounds as a
result of hostile action.

9.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

10.  The applicant's service records indicate he participated in the
Vietnam Counteroffensive Phase IV (2 April 1968 through 30 June 1968), the
Vietnam Counteroffensive Phase V (1 July 1968 through 1 November 1969), the
Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February
1969), and the Tet 69 Counteroffensive (23 February 1969 through 8 June
1969).  The applicant's award of the Vietnam Service Medal does not show
bronze service stars to indicate credit for these campaigns.

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 the unit to which the applicant
was assigned,
the 4th Battalion, 9th Infantry, was cited for award of Republic of Vietnam
Civil Actions Honor Medal First Class based on Department of the Army
General Orders Number 51, dated 1971.

12.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of "excellent" throughout his service.

13.  Army Regulation 800-8-22 (Military Awards) provides, in pertinent
part, 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, and the medical treatment must have been made a matter of
official record.  There is no statue of limitations governing requests for
award of the Purple Heart.

14.  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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

15.  Army Regulation 600-8-22, provides, in pertinent part, for award of a
bronze service star, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart and the Good Conduct Medal.

2.  There are no orders which show that the applicant was awarded the
Purple Heart.  There is no evidence which shows that the applicant was
wounded or treated for wounds as a result of hostile action during his
service in Vietnam.

3.  In the absence of records which show the applicant was wounded as a
result of hostile action or was treated for wounds resulting from hostile
action, there is insufficient evidence upon which to base award of the
Purple Heart in this case.

4.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 30 August 1967 to 1 May 1969
ending with termination of a period of Federal military service.

5.  The applicant is also entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class based on the Department of the Army
General Orders 51, dated 1971.  Therefore, he is entitled to correction of
his DD Form 214 to show this unit award.

6.  The applicant is entitled to award of four bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in four campaigns during his Vietnam service.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mhm___  __ses___  __sap___  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
Good Conduct Medal           (1st Award) for the period 30 August 1967 to 1
May 1969, the Republic of Vietnam Civil Actions Honor Medal First Class,
and four bronze service stars to be worn on his Vietnam Service Medal.

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
award of the Purple Heart.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005130                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0095                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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