RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040009449


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 his records be corrected to
show award of the Purple Heart and the Army Commendation Medal.

2.  The applicant states that the Purple Heart and Army Commendation Medal
were awarded but not reflected on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214, a copy of his Army
Commendation Medal citation and orders, a copy of his certificate awarding
the Purple Heart, and a two page letter in his own behalf dated 4 October
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 November 1969, the date of his separation from active duty.
The application submitted in this case is dated 20 November 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 that he was inducted on 16
November 1967 for a term of 2 years.  He successfully completed basic
training and advanced individual training and was awarded the military
occupational specialty (MOS) 13B (Field Artillery Crewman).  He served in
Vietnam from 26 April 1968 through 24 April 1969 as a member of C Battery,
7th Battalion, 9th Artillery.  He was separated with an honorable
characterization of service n 14 November 1969 and transferred to the Army
Reserve in pay grade E-5.

4.  The applicant's DD Form 214 does not show in item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) the award of the Purple Heart or the Army Commendation Medal.



5.  The applicant's records contain Headquarters, 93d Evacuation Hospital
General Orders Number 142 dated 18 May 1968, which awarded him the Purple
Heart, for wounds received in connection with military operations against a
hostile force on 17 May 1968.

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant provided a certificate.  This document shows he was
awarded the Purple Heart for wounds received in action on 17 May 1968.

8.  The applicant provided Headquarters, United States Army Vietnam General
Orders Number 794 dated 5 March 1969, and a citation which awarded him the
Army Commendation Medal for exceptionally meritorious service in support of
military operations against communist aggression in the Republic of Vietnam
during the period April 1968 to April 1969.

9.  A review of the applicant's personnel records indicated that he is
entitled to additional awards that are not shown on his DD Form 214.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
received credit for participation in the Vietnam Counteroffensive, Phase
IV, and the Vietnam Counteroffensive, Phase V.

11.  Army Regulation 600-8-22 (Military Awards), 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.

12.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the
military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following two additional campaigns: Vietnam Counteroffensive, Phase VI and
TET 69 Counteroffensive.

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 that, at the time of the
applicant's assignment to C Battery, 7th Battalion, 9th Artillery, it was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class, and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart on 18 May 1968
for wounds received in action on 17 May 1968.

2.  Orders show the applicant was awarded the Army Commendation Medal for
the period of April 1968 through April 1969.

3.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

4.  Therefore, the applicant's DD Form 214 should be corrected to show the
Purple Heart, the Army Commendation Medal, the Republic of Vietnam Civil
Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation

5.  Record show that the applicant received credit of participating in two
campaigns while he was in Vietnam.  Based on the applicant's dates of
service in Vietnam he should have received credit for participating in four
campaigns while he was in Vietnam.  Therefore, he is entitled to award of
four bronze service stars for wear on his Vietnam Service Medal.

6.  Record show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on       13 November 1972.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___lcb __  ___wdp _  ___jbg  __  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 showing in addition to the awards on
his DD Form 214 he was awarded the Purple Heart, the Army Commendation
Medal, the Republic of Vietnam Civil Actions Honor Medal First Class, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and two
additional bronze service stars (for a total of four) for wear on his
Vietnam Service Medal.




                            _____William D. Powers  ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009449                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0020                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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