RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040008248


      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:

|     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that the Purple Heart Medal should have been sent
to him and placed on his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

3.  The applicant further states that he had a fragment wound to the back
of his head and sustained loss of hearing as a result of the explosion of a
booby trap in which 5 of his buddies were killed.

4.  He explains the company clerk never processed the paperwork and he has
been trying to get this issue resolved for several decades.  He further
states that his unit was in heavy combat with the Vietcong at the time.

5.  The applicant provides:

      a.  A Western Union Telegram, dated 31 July 1968

      b.  A Standard Form 600 (Chronological Record of Medical Care), dated
29 July 1968.

      c.  A Request for Physical Examination, dated 24 August 1973,

      d.  A Request Pertaining to Military Records

      e.  A Request for Physical Examination from the Department of
Veterans Affairs (DVA), dated 30 December 1980.

      f.  A Department of Veterans Affairs Rating Decision document.

      g.  A Request Pertaining to Military Records, dated 9 May 1999.

      h.  VA Form 21-526 (Veterans Application for Compensation or Pension)
and a copy of a " Neurologic Examination" signed by a physician at the DVA
Medical Center in Dallas, Texas.





CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 August 1969, the date of his separation from active duty.
The application submitted in this case is dated 28 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 was inducted into the Army of the United States on
22 August 1967.  He completed basic and advanced individual training and
was awarded the military occupational specialty 11B20 (Light Weapons
Infantryman).

4.  The applicant served in Vietnam from 9 February 1968 to 8 February 1969
with the 1st Battalion, 46th Infantry, 198th Infantry Brigade.

5.  The applicant's DD Form 214 shows in item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Vietnam Campaign Medal with Device 60, the
Combat Infantryman Badge, 2 Overseas Service Bars, and the Expert
Marksmanship Badge (Rifle).

6.  There are no orders which show the applicant was awarded the Purple
Heart.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item
40 (Wounds) "Temporary Loss of Hearing & FW [Fragment Wound]."

8.  The applicant's name is listed on the Vietnam Casualty Roster.

9.  The applicant submitted a copy of a Western Union Telegram, dated 31
July 1968.  The telegram stated that the applicant was slightly wounded in
Vietnam on 29 July 1968, as a result of hostile action.  The telegram also
stated that the applicant received a temporary loss of hearing and a
fragment wound to the head.

10.  The applicant submitted a Standard Form 600 (Chronological Record of
Medical Care), dated 29 July 1968.  This form shows that the applicant was
diagnosed with a "Fragment Wound-Right Occipital Area."

11.  Review of the applicant's records indicates that he may be entitled to
campaign credit and unit awards which are not shown on his DD Form 214.

12.  Records show the applicant participated in the Tet Counteroffensive
(30 January 1968 through 1 April 68), the Counteroffensive Phase IV (
2 April through 30 June 1968), the Counteroffensive Phase V (1 July 1968
through 1 November 1968), and the Counteroffensive Phase VI ( 2 November
1968 through 22 February 1969.  His Vietnam Service Medal does not show
bronze service stars to indicate credit for all campaigns in which he
participated.

13.  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 1st Battalion, 46th Infantry, 198th Infantry Brigade, was cited for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm
based on Department of the Army General Orders Number 42, dated 1972.

14.  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, and the medical treatment must have been made a matter of
official record.

15.  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.

16.  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.




17.  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.

2.  There are no orders which authorize award of the Purple Heart to the
applicant.  However, the evidence of record shows he sustained fragment
wounds to his head on 29 July 1968 as a result of hostile action and his
name is listed on the Vietnam Casualty Roster.  Therefore, this evidence is
sufficient as a basis for award of the Purple Heart and correction of his
records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 22 August 1967 to 21 August
1969 ending with termination of a period of Federal military service.

4.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  However, the applicant did not receive credit for participation in
four campaigns during the Vietnam War.  Therefore, his DD Form 214 should
be corrected to show he is entitled to four bronze service stars for wear
on his Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
this foreign unit award should be added to his DD Form 214

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 August 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:

__lds___  __phm___  __lgh___  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 awarding him the Purple Heart for wounds received on 29 July
1968.


      b.  by awarding him the Good Conduct Medal (1st Award) for the period
22 August 1967 to 21 August 1969

      c.  by amending his DD Form 214 to show he was awarded Republic of
Vietnam Gallantry Cross with Palm Unit Citation; and


        d.  by amending his DD Form 214 to show he is authorized to wear
four bronze service stars on his Vietnam Service Medal.






                                  Linda D. Simmons
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008248                           |
|SUFFIX                  |                                        |
|                        |                                        |
|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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