RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 August 2005
      DOCKET NUMBER:  AR20040008330


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 following awards be added
to his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge):

      a.  Good Conduct Medal

      b.  Vietnam Service Medal with 3 or 4 bronze service stars.

      c.  Vietnam Gallantry Cross Unit Citation with Palm.

      d.  Vietnam Civil Action Honor Medal Unit Citation.

      e.  Presidential Unit Citation.

      f.  Meritorious Unit Commendation.

      g.  Valorous Unit Citation.

      h. Marksmanship Badge (M-14 Rifle).

      i.  Sharpshooter Marksmanship Badge (M-14 Rifle).

      j.  Second Class Gunner Badge (M-60 Machinegun).

      k.  "ACM" for Vietnam [presumably the Army Commendation Medal].

      l.  Purple Heart.

2.  The applicant states the above awards were left off his DD Form 214.

3.  The applicant provides:

      a.  DD Form 214 for the period 23 October 1964 to 17 October 1969.

      b.  DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 October 1969.  The application submitted in this case is
dated 30 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 Board noted the applicant’s request for award of the ACM [presumed
to be the Army Commendation Medal, ARCOM].  However, the applicant has not
exhausted the administrative remedy available to him under the provisions
of Section 1130, Title 10, United States Code.  He has been notified by
separate correspondence regarding submission of a recommendation for award
of the Army Commendation Medal under this provision of law.  As a result,
award of the Army Commendation Medal requested by the applicant is not
discussed further in these Proceedings.

4.  The applicant enlisted in the Regular Army for 3 years on 23 October
1964.  He underwent Basic Combat Training (BCT) at Fort Jackson, South
Carolina and Infantry Advanced Individual Training (AIT) at Fort Dix, New
Jersey where he was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantryman).  While at Fort Dix, he received nonjudicial
punishment (NJP) under Article 15, Uniform Code of Military Justice, for
being absent without leave (AWOL) from 15-18 July 1965.

5.  Following AIT, the applicant was transferred to Fort Benning, Georgia
for airborne training, arriving at Fort Benning on/about 8 October 1965.
For reasons unknown, he did not undergo airborne training and was
reassigned to Vietnam.  He was not awarded the Parachutist Badge.

6.  The applicant arrived in Vietnam on/about 19 January 1966 and was
assigned to Company B, 1st Battalion, 28th Infantry from on/about 2
February 1966 to on/about 31 January 1967 as an assistant gunner.  On
1 February 1967, he was reassigned to Headquarters and Headquarters
Company, 1st Battalion 28th Infantry as a message clerk.  He departed
Vietnam on/about 8 March 1967.

7.  While he was in Vietnam, the applicant was AWOL on two occasions from
17 June 1966 through 3 July 1966 and from 19 August 1966 through 30 August
1966.  He was also in military confinement for 69 days from 23 September
1966 through 30 November 1966.

8.  The applicant's record contains evidence of two convictions by special
courts-martial (SPCM).  SPCM Order Number 47, Headquarters, Special Troops
Battalion, Fort Devens, Massachusetts, dated 29 December 1967, reveals a
conviction for AWOL from 8 August 1967 to 12 November 1967.  SPCM Order
Number 762, Headquarters, US Army Garrison Troops, Fort Hood, Texas, dated
28 May 1969, reveals a conviction for AWOL from 5 June 1968 to 9 March
1969.

9.  Concerning combat wounds, there is a pencil entry on the applicant's DA
Form 20 in Item 40 (Wounds) that states, "Shrapnel – L Shoulder."  However,
limited medical documents contained in the applicant's record fail to
indicate any wounds suffered in combat, and his separation physical
examination does not reveal any wound.  As a part of his separation
physical, the applicant completed and signed a SF 89 (Report of Medical
History) and did not mention being wounded.  Finally, the applicant's name
does not appear on the Vietnam Casualty Listing, a compilation of all
Soldiers wounded during the Vietnam War.

10.  The applicant's DA Form 20, in Item 41 (Awards and Decorations), shows
the following:  Vietnam Service Medal; CIB (Combat Infantryman Badge),
Special order 123, Headquarters, 1st infantry Division, 3 May 1966;
National Defense Service Medal; Vietnam Campaign Medal; Marksmanship Badge
(M-14), Special Order 243, Headquarters, Fort Jackson; Sharpshooter Badge
(M-14), Special Order 94, Headquarters, Fort Dix; and 2nd Class Gunner (M-
60), Special Order 83, Headquarters, Fort Dix.

11.  There are no orders in the applicant's record for any other personal
awards or decorations, including the Purple Heart, Army Commendation Medal,
or Good Conduct Medal.

12.  The applicant was separated at Fort Carson, Colorado on 17 October
1969 with a general, under honorable conditions discharge by reason of
expiration of his 3-year term of service.  He had 3 years and 3 days of
creditable service and 306 days of lost time due to AWOL and confinement.
He is credited with award of the National Defense Service Medal, Vietnam
Service Medal with 1 bronze service star, the Vietnam Campaign Medal, and
the Combat Infantryman Badge.

13.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part:

      a.  The Good Conduct Medal (GCMDL) 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.  Army Regulation 672-5-
1, in effect at the time the applicant 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 [emphasis added].

      b.  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.

      c.  A bronze service star, based on qualifying service for each
campaign listed in Appendix B of the regulation, is authorized to be worn
on the appropriate service medal.  A single silver service star denotes
five campaigns.  The record shows that the applicant participated in two
campaigns:  Counteroffensive (25 December 1965-30 June 1966); and
Counteroffensive, Phase II (1 July 1966-31 May 1967).

      d.  For award of basic marksmanship qualification badges.  The
qualification badge is awarded to indicate the degree in which an
individual has qualified in a prescribed record course, and an appropriate
bar is furnished to denote each weapon with which the individual has
qualified.  The qualification badges are in three classes:  Expert,
Sharpshooter, and Marksman.  For the machinegun, a 1st Class Gunner is
awarded a Sharpshooter Badge and a 2nd Class Gunner is awarded a Marksman
Badge, each with Machinegun Bar.

14.  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 units to which the applicant
was assigned were cited for award of the Presidential Unit Citation for the
period 6-9 November 1966 by Department of the Army General Order (DAGO)
Number 23, dated 1969; the Vietnam Gallantry Cross Unit Citation with Palm
for the period 12 July 1965 to 16 October 1968 by DAGO Number 21, dated
1969.  It also shows that the unit was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for the period October
1965 to 7 April 1970 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence in the record to award the applicant the
Purple Heart.  He is not listed on the Vietnam Casualty List, there are no
entries in his medical records to show that he was wounded in action, and
there are no orders awarding him the Purple Heart.  His separation physical
examination and Report of Medical History make no mention of a wound.
Without additional supporting evidence from the applicant, entitlement to
the Purple Heart cannot be approved.

2.  The applicant was a disciplinary problem throughout his 3-year
enlistment.  He amassed 306 days of lost time, he received NJP, and he was
court-martialed twice; in accordance with Army regulations then in effect,
he is not entitled to award of the Good Conduct Medal.

3.  The applicant served in Vietnam during two campaigns and is entitled to
wear 2 bronze service stars on his Vietnam Service Medal.  His DD Form 214
should be corrected to reflect this.

4.  There are orders in the applicant's record to show award of the
following marksmanship badges:  Marksman Marksmanship Qualification Badge
with Rifle Bar; Sharpshooter Marksmanship Qualification Badge with Rifle
Bar; and Marksman Marksmanship Qualification Badge with Machinegun Bar [for
2nd Class Gunner].  However, the applicant received the Marksman
Marksmanship Qualification Badge with Rifle Bar in BCT and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar in AIT for qualifying with
the same weapon (M-14 Rifle); he is, therefore, only authorized the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form
214 should be corrected to show these awards.

5.  Department of the Army Pamphlet 672-3 shows that the applicant was a
member of a unit that was awarded the Presidential Unit Citation, the
Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form
214 should be corrected to reflect these unit awards.  The applicant's unit
did not receive a Valorous Unit Award during his tenure with the
organization; he is not entitled to this award.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __rtd___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned as relates to the Good Conduct Medal
and Purple Heart.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded 2 bronze service stars for wear on
his Vietnam Service Medal, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with
Machinegun Bar, the Presidential Unit Citation, the Vietnam Gallantry Cross
Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.


                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040008330                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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