RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040008191


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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.

2.  The applicant states, in effect, that he should have been awarded the
Purple Heart in Vietnam, but for some reason he never received it.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or
Discharge from Active Duty;: his own description of the incident; a letter
of support from a Army Reserve (USAR) colonel, who writes that he was the
applicant's commanding officer at the time he was wounded and treated at
the fire support base's aid station; and a letter from a County Veterans
Service Officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 September 1970.  The application submitted in this
case is dated 14 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 military records show he enlisted and entered active
duty on 18 March 1968.  Following training as a communications security
specialist he served in Vietnam from 3 August 1969 to 19 October 1969 with
the 337th  Radio Research Company, from 20 October 1969 to 27 November 1969
with Headquarters and Headquarters Company, 303rd  Radio Research Battalion
and from 28 November 1969 to 26 March 1970 with the 101st Radio Research
Company.

4.  The applicant is listed as a combat casualty on the Vietnam Casualty
Roster.

5.  His DA Form 20 (Enlisted Qualification Record), item 40 (Wounds)
indicates that he sustained a shrapnel wound to the right arm on 6 June
1969.  Item 39 (Campaigns lists three designated campaign periods and item
41 (Awards) indicates he was awarded or authorized the National Defense
Service Medal, the
Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and that he
qualified as a Marksman with the M-14 Rifle and as an Expert with the M-16
Rifle.  Item 38 shows that his conduct and efficiency ratings were
excellent throughout his period of active duty service.

6.  Separate special orders issued by Headquarters, II Field Force, Vietnam
awarded the applicant the Army Commendation Medal and the Army Commendation
Medal with First Oak Leaf Cluster.

7.  On 20 September 1971, the applicant was separated with an honorable
characterization of service and transferred to the USAR Control Group
(Reinforcement) as a specialist five (E-5).  His authorized awards are
listed on his DD Form 214 as the National Defense Service Medal, the
Vietnam Service Medal, with 3 bronze service stars, the Republic of Vietnam
Campaign Medal [the "1960" device applies], the Army Commendation Medal,
the Expert Badge with Rifle Bar (M-16), and the Marksman Badge with Rifle
Bar (M-14).

8.  Army Regulation 600-8-22 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by
organizations serving in Vietnam.  This document shows that during the
applicant's tenure the 337th Radio Research Company was awarded the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and the 101st Radio Research Company was awarded
the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was clearly wounded as the result of hostile action.  He
should be awarded the Purple Heart and it should be shown on his DD Form
214.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service as
evidenced by his excellent conduct and efficiency ratings, his Army
Commendation Medals and his promotion to pay grade E-5.  He should be
awarded the Good Conduct Medal and it should be shown on his DD Form 214.

3.  The applicant's DD Form 214 should reflect that he received a second
award of the Army Commendation Medal.

4.  Two of the applicant's Vietnam units were cited for award of the
Meritorious Unit Commendation as well as the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  These unit awards should be shown
on his DD Form 214.

BOARD VOTE:

__LDS___  __LGH__  __PHM _  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:

      a.  awarding him the Purple Heart;


      b.  awarding him the Good Conduct Medal; and


      c.  by showing that, in addition to the awards currently shown on his
DD Form 214, he is authorized the Purple Heart, the Army Commendation Medal
with First Oak Leaf Cluster, the Good Conduct Medal, the Meritorious Unit
Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.



                            _      Linda D. Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008191                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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