RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040009383


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 the Purple Heart be added to his military
records.

2.  The applicant states the Purple Heart is not shown on his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).  He
further indicates this request is for the purpose of Veterans
Administration (VA) benefits.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 January 1970.  The application submitted in this case
is dated
13 October 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.  On 26 February 1968, the applicant was inducted into the Army of the
United States for a period of 2 years.  He apparently completed all
required training and was subsequently awarded military occupational
specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant was assigned to the Republic of Vietnam from 24 July 1968
through 23 July 1969 with Company A, 2nd Battalion, 1st Infantry, 196th
Infantry Brigade.

5.  On 9 January 1970, the applicant was honorably released from active
duty and assigned to the U.S. Army Reserve (USAR) Control Group (REINF).
His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, and two Overseas
Service Bars.  Additionally, the applicant's DD Form 214 erroneously shows
his date of induction as 26 January 1968.  He was subsequently honorably
discharged from the USAR Control Group (STANDBY) on 1 February 1974.

6.  The applicant's name does not appear on the Vietnam Casualty Listing as
having been wounded.  There are no orders in his available records showing
the award of the Purple Heart.  Item 40 (Wounds) of his DA Form 20
(Enlisted Qualification Record) has no entry showing any wounds.  There are
no medical documents available showing treatment of wounds as a result of
hostile fire action.

7.  Special Orders Number 266, dated 22 September 1968, published by
Headquarters, Americal Division awarded the applicant the Combat
Infantryman Badge.

8.  Special Orders Number 089, dated 8 April 1968, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk awarded the
applicant the Marksman Marksmanship Qualification Badge with M-14 Rifle
Bar.

9.  Special Orders Number 133, dated 24 May 1968, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk awarded the
applicant the Marksman Marksmanship Qualification Badge with M-16 Rifle
Bar.

10.  Special Orders Number 127, dated 28 May 1968, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk awarded the
applicant the Expert Marksmanship Qualification Badge with M-60 Machine Gun
Bar.

11.  Army Regulation (AR) 600-8-22 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.
This regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

13.  AR 672-5-1, in effect at the time when the service member was
discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal (GCMDL) the enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  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.  With the publication of the new Army Regulation 672-5-1,
in 1974, the requirement for all excellent conduct and efficiency ratings
was dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

14.  AR 600-8-22, in pertinent part, authorizes 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.  The applicant served in Vietnam
during two campaigns -- Vietnam Counteroffensive, Phase V, which extended
from 1 July through 1 November 1968; and Vietnam Counteroffensive, Phase
VI, which extended from 2 November 1968 through 22 February 1969;

15.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 16 April 1969 to 28 August 1969 by Department of
the Army General Orders 6, dated 1974 and Valorous Unit Award for the
period 13 May 1969 to 1 June 1969 by Department of the Army General Orders
43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 has an incorrect entry date for induction.
Since the applicant has not requested any other corrections in addition to
awards, no corrective action will be taken at this time.  He will be
provided a new application should he desire to have this administrative
correction accomplished in the future.

2.  The applicant's available records do not support his claim for the
Purple Heart.  His name is not listed on the Vietnam Casualty Listing,
there are no orders showing an award of the Purple Heart, and there is no
medical documentation available to show treatment of wounds as a result of
hostile fire action.  Additionally, the applicant has not provided any
documentation, such as orders or details as to the date, location, and
circumstances.

3.  Special Orders show the applicant was awarded the Combat Infantryman
Badge.  Therefore, he is entitled to have this award reflected on his DD
Form 214.

4.  The applicant served honorably and faithfully throughout his period of
induction.  He entered active duty in the rank of Private (PVT/E-1) and was
released from active duty in the rank of temporary Sergeant (SGT/E-5).  He
achieved that rank in a period of 1 year, 10 months, and 14 days of active
duty.  There is no indication of any lost time or indiscipline in the
applicant's available personnel records or that he was otherwise
disqualified from receiving the GCMDL by any of his unit commanders:  He is
therefore entitled to award of the GCMDL for the period 26 February 1968
through 9 January 1970.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which are
not correctly shown by award of two bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with two
bronze service stars and correction of his DD Form 214 to show this award.


6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

7.  General Orders show the applicant is entitled to award of the Valorous
Unit Award.  Therefore, he is entitled to correction of his records to show
award of this unit award.

8.  Special Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with M-14 Rifle Bar, the Marksman Marksmanship
Qualification Badge with M-16 Rifle Bar, and the Expert Marksmanship
Qualification Badge with M-60 Machine Gun Bar.  Therefore, he is entitled
to have these badges correctly reflected on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__kan___  __wdp___  __mjnt__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  Deleting the Vietnam Service Medal on his DD Form 214 of 9 January
1970; and


      b.  Adding the GCMDL, the Combat Infantryman Badge, the Vietnam
Service Medal with 2 bronze service stars, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, the Valorous Unit Citation, the
Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars,
and Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.



                                  Kathleen A. Newman
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009383                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0113                                |
|4.                      |107.0094                                |
|5.                      |107.0108                                |
|6.                      |107.0110                                |


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