RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040007419


      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. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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 separation document be corrected to
reflect award of two Army Commendation Medals, both with a “V” device, and
the Purple Heart.

2.  The applicant states he believes the awards were omitted from his
separation document because his unit was often under strength.  He states
that he cannot recall the date or time he was wounded but does state that
he sustained multiple cuts and abrasions when the vehicle he was riding in
ran over a land mine.  He states that a medic treated him approximately 2
hours after the incident.

3.  The applicant provides a copy of his Army Commendation Medal with “V”
device certificate for the award recognizing his heroic actions on 25
August 1966 and a copy of orders awarding him his second Army Commendation
Medal with “V” device for his heroic actions on 21 November 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 October 1967.  The application submitted in this case
is dated
7 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 was inducted
and entered active duty on 20 October 1965.  He was trained as an
infantryman and in April 1966 he was assigned to the 1st Battalion, 26th
Infantry in Vietnam.  He remained with that unit until he returned to the
United States in March 1967.

4.  Orders contained in his file confirm that he was awarded two Army
Commendation Medals, both for valor.  The awards recognized his heroic
actions on 25 August 1966 and on 21 November 1966.  Both awards were
confirmed in orders issued by the 1st Infantry Division; however, neither
award was recorded on his separation document.
5.  The applicant was released from active duty on 19 October 1967.
Neither his separation document, nor his Department of the Army Form 20
(Enlisted Qualification Record) reflect entitlement to the Purple Heart and
item 40 (wounds) on his Department of the Army Form 20 is blank.  There
were no medical records available to the Board, or provided by the
applicant, and his name was not among a list of individuals reported as
combat casualties during the Vietnam War.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

7.  United States Army Vietnam Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  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 two designated campaigns (Vietnam
Counteroffensive and Vietnam Counteroffensive Phase II) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal, vice the one that is recorded on his separation document,
should reflect his campaign participation.  The unit was also awarded the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
during his tenure with the organization.  The unit awards were also omitted
from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded two awards of the
Army Commendation Medal with “V” device.  His records should be corrected
accordingly.

2.  The evidence also confirms that the applicant is entitled to two bronze
service stars on his Vietnam Service Medal, vice the one currently
reflected, as well as the Republic of Vietnam Gallantry Cross Unit Citation
with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.

3.  Unfortunately, there is no medical evidence which confirms that the
applicant was wounded as a result of hostile action and as such, there is
no basis for an award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WP__  ___KF __  ___KW __  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:

      a.  by showing that he was awarded two Army Commendation Medals, both
with the “V” device; and


      b.  by showing that he is entitled to two bronze service stars on his
Vietnam Service Medal, vice the one currently reflected, as well as the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


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.




                            _____ William Powers______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007419                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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