RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20040008711


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |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 award of Purple Heart be shown
on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was wounded in September 1970
when his tank hit a mine and was knocked over into a bomb crater.  He never
noticed the Purple Heart was not listed on the DD 214 until he went to the
VA (Department of Veteran Affairs) hospital for medical treatment.  The VA
assigns a higher priority to patients who hold the Purple Heart.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 December 1971.  The application submitted in this case is
dated 6 October 1971.

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 on 30 March 1970 and completer training as
an armor reconnaissance specialist in military occupational specialty (MOS)
11D.  He served in Vietnam from 19 September 1970 to 29 August 1971 as a
scout observer with F Troop, 17th Cavalry Regiment, 196th Infantry Brigade.
 He returned to the United States and was separated with an honorable
characterization of service and transferred to the Army Reserve as a
sergeant (E-5).

4.  The Purple Heart is not listed as an authorized award on either his DD
Form 214 or his DA Form 20 (Enlisted Qualification Record.  However, Item
40 (Wounds) of the DA Form 20 shows that, on 25 September 1970 he sustained
fragment wounds to the face and suffered a back injury.  The Vietnam
Casualty Roster lists him as a combat casualty on that same date.

5.  Both his DD Form 214 and his DA Form 20 list his authorized awards as
the Combat Infantryman Badge, the Army Commendation Medal, the National
defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign wit
"1960" device and the Expert Badge with Rifle and Machinegun Bars.  The DA
Form 20 shows that his conduct and efficiency ratings were excellent
throughout his term of active duty service.  His installation check-out
sheet when he left active duty carries a favorable endorsement for the Good
Conduct Medal.

6.  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.

7.  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.

8.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the
appropriate campaign or service medal.  A silver service star is authorized
in lieu of five bronze service stars.  The regulation also lists the
designated campaign periods for which a bronze service star is authorized
for wear on the Vietnam Service Medal.  The applicant served during the
following two designated campaign periods:  the; Counteroffensive Phase
VII, 1 July 1970-30 June 1971 and the Consolidation I, 1 July 1971-30
November 1971

9.  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 F Troop, 17th Cavalry was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was clearly wounded as the result of enemy action and
should be awarded the Purple Heart.

2.  He distinguished himself by his conduct efficiency and fidelity during
a qualifying period of active duty service as evidenced by his performance
ratings, his combat service and his promotion to sergeant (E-5).  He should
be awarded the Good Conduct Medal.

3.  The applicant served during two designated campaign periods and is
authorized to wear two bronze service stars on the Vietnam Service Medal.

4.  His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

5.  The above awards should be shown on his DD Form 214.

BOARD VOTE:

__JEA___  __JAM__  __LMD__  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 and the Good Conduct Medal; and

      b.  showing that, in addition to the awards currently listed on his
DD Form 214 his authorized awards include, the Purple Heart, the Good
Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and two bronze service stars for wear on the Vietnam Service
Medal.



                            __    James E. Anderholm_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008711                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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