RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040007094


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |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 records be corrected to reflect award
of the Purple Heart.

2.  The applicant states the award was omitted from his separation
document.

3.  The applicant provides a copy of his Purple Heart award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 January 1970.  The application submitted in this case
is dated
3 September 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.  Records available to the Board indicate that the applicant entered
active duty on 11 June 1968.  In January 1969, following completion of
training, the applicant was assigned to Vietnam where he performed duties
with the 572nd Engineer Company.

4.  According to an Army casualty report, contained in his file, the
applicant sustained shrapnel wounds to his left arm on 4 October 1969 from
an enemy mortar round.  Although his file does not contain orders
confirming his award of the Purple Heart, the award certificate provided by
the applicant in support of his request, was issued on 13 October 1969 and
reflects the imprinted signature of Stanley R. Resor, who was Secretary of
The Army at the time.

5.  In spite of the fact that the applicant’s file contains a casualty
report, the applicant’s name is not among a list of individuals reported as
combat casualties during the Vietnam War.



6.  The applicant returned to the United States in January 1970 and on
19 January 1970 was released from active duty, in pay grade E-5, with an
honorable characterization of service.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970) during the applicant’s period of
assignment.  Four bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded a Meritorious Unit Commendation
during his tenure with the organization.  The unit award was also omitted
from his separation document.

8.  Department of the Army Pamphlet 672-3 also provides, in pertinent part,
for award of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm to all individuals who served in Vietnam between 20 July 1965 and 28
March 1973 in a unit which was subordinate to Headquarters, United States
Army Vietnam.  The applicant’s unit was such a unit.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

10.  Although all of the applicant’s conduct and efficiency ratings were
excellent, the applicant was punished one time under Article 15 of the
Uniform Code of Military Justice, in July 1969, for sleeping while on guard
duty.  His punishment was a forfeiture of $38.00 for one month.


DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant's available records awarding
him the Purple Heart, his award certificate is signed by the appropriate
Secretary of the Army and the information contained on the certificate is
consistent with the information contained in the casualty report in his
file.  In the absence of orders, or evidence to the contrary, the Board
accepts the applicant’s award certificate and the information contained on
the casualty report as authentication of entitlement to the Purple Heart
and in the interest of justice concludes it would be appropriate to add the
award to his separation document.

2.  The evidence also shows that the applicant is entitled to four bronze
service stars on his Vietnam Service Medal, a Meritorious Unit
Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

3.  While the evidence does show that the former service member was
punished on one occasion under the provisions of Article 15 of the Uniform
Code of Military Justice, the incident and punishment were minor.  It is
noted that he completed his service commitment, was promoted to pay grade E-
5 prior to separation, received excellent conduct and efficiency ratings,
and received an honorable characterization of service upon separation.  As
such, in the interest of compassion and equity, the former service member’s
single, minor incident of misconduct, should be excused and he should be
awarded the Army Good Conduct Medal for the period 11 June 1968 through 19
January 1970.

BOARD VOTE:

___TH  __  ___RO  _  ___JG __  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:

      a.  by confirming his award of the Purple Heart for wounds sustained
on
4 October 1969;

      b.  by showing that he is entitled to four bronze service stars on his
Vietnam; Service Medal, a Meritorious Unit Commendation, and the Republic
of Vietnam Gallantry Cross Unit Citation with Palm; and


      c.  by awarding him the Army Good Conduct Medal for the period 11 June
1968 through 19 January 1970.




                            _____Thomas Howard________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007094                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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