RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 June 2005
      DOCKET NUMBER:  AR20040007427


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, that the Purple Heart (PH) be added
to the list of awards contained in his separation document (DD Form 214).

2.  The applicant states, in effect, that the PH he received for being
wounded in action in the Republic of Vietnam (RVN) was not included in the
list of awards contained on his DD Form 214.  He states that he attempted
to join the PH association, but was denied because the PH was not on his DD
Form 214.  He further states that the PH would entitle him to additional
benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides a copy of his 19 December 1968 DD Form 214 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that  occurred on 19 December 1968.  The application submitted in this case
is dated
8 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.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 4 January 1967.  He was initially trained in,
awarded and served in military occupational specialty (MOS) 11B
(Infantryman) and was later awarded MOS 51D (Mason).  The highest rank he
attained while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 30 June through 20 November 1967.  During his RVN
tour, he was assigned to Company D, 2nd Battalion, 18th Infantry Regiment,
performing duties in MOS 11B as a rifleman.  Item 38 (Record of
Assignments) shows that he was placed in a patient status on 5 November
1967, and medically evacuated to Japan on 20 November 1967.  It also shows
that he received “Excellent” conduct and efficiency ratings at each of his
active duty assignments.
5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry
indicating that he received multiple fragmentation wounds to the face,
neck, both arms and both legs on 20 October 1967.  Item 41 (Awards and
Decorations) shows that he earned the following awards during his active
duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal, PH, and Expert
Qualification Badge with Rifle Bar.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of 93rd Evacuation Hospital General Orders (GO) Number (#) 258, dated
21 October 1967.  These orders awarded the applicant the PH, for wounds he
received in connection with military operations against a hostile force in
the RVN on 20 October 1967.  The MPRJ is void of any derogatory
information, or a unit commander disqualification that would have precluded
the applicant from receiving the Army Good Conduct Medal (AGCM).

7.  On 19 December 1968, the applicant was honorably separated at the
expiration of his term of service (ETS).  The DD Form 214 he was issued
shows he completed a total of 1 year, 11 months and 16 days of active
military service.  This document lists the following awards in Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized):  NDSM, VSM with bronze service star, RVN Campaign
Medal with 1960 Device and CIB.  The PH was omitted from this list of
awards.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 prescribes the
policy for award of the AGCM.  It states, in pertinent part, that the AGCM
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, in which case a period of more than 1 year is a qualifying period.
 Although there is no automatic entitlement to the GCM, disqualification
must be justified.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 18 Infantry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the PH for
being wounded in action in the RVN on 20 October 1967.

2.  The record also shows that the applicant received "Excellent" conduct
and efficiency ratings at all of his active duty assignments, and the MPRJ
is void of any derogatory information or a specific disqualification by any
of the active duty unit commanders for whom he served.  Thus, it is
appropriate to award him the first award of the AGCM, for his qualifying
period of honorable active duty service from 4 January 1967 through 19
December 1968.

3.  The record also shows that based on his RVN service, the applicant is
entitled to the RVN Gallantry Cross with Palm Unit Citation and the RVN
Civil Actions Honor Medal First Class Unit Citation.  As a result, it would
also be appropriate to add these awards to his record at this time.

BOARD VOTE:

___RJW_  ___KWL _  __DRT_  GRANT 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 he was awarded the Purple
Heart; by awarding him the Army Good Conduct Medal; by showing he is
entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and by providing him a corrected separation document that
includes these awards.




            ____Raymond J. Wagner__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007427                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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