RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040009675


      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 that the award of the Purple Heart be added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states he should have been awarded the Purple Heart for
shrapnel wounds to his right arm that occurred on 4 April 1968 in Vietnam.

3.  The applicant provides a copy of VA Form 21-4238 (Statement in Support
of Claim) and a copy of a response from the Department of Veterans Affairs
(DVA) Regional Office, Chicago, Illinois, dated 17 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 August 1969.  The application submitted in this case
is dated
18 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 25 August 1967, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed all required training
and was subsequently awarded military occupational specialty (MOS) 11H10,
Infantry Direct Fire Crewman.  His MOS was changed to 76P20, Stock Control
and Accounting Specialist, on 1 October 1968.

4.  He was assigned to Vietnam on 8 February 1968 to Company E, 4th
Battalion, 47th Infantry, 9th Infantry Division.  He was reassigned to
Company A on 26 February 1968.  On 9 June 1968, he was reassigned to
Headquarters and Headquarters Company, 9th Supply and Transportation
Battalion, 9th Infantry Division.

5.  On 22 August 1969, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 shows he was awarded the National Defense
Service Medal, Vietnam Campaign Medal with Device, the Vietnam Service
Medal, 2 Overseas Service Bars, and the Expert Marksmanship Qualification
Badge with Rifle M-14 Bar.  He was subsequently honorably discharged from
the U.S Army Reserve Control Group (Standby) on 1 August 1973.

6.  The applicant's name does not appear on the Vietnam Casualty Listing as
having been wounded.  Item 40 (Wounds), DA Form 20 (Enlisted Qualification
Record), contains no entry of wounds.  He is also not listed on the Vietnam
Casualty Listing.

7.  The applicant's separation physical does not show any shrapnel wounds
to his arm, and only shows a knee injury.  The rest of his medical records
are not available.  Presumably they are on loan to the Department of
Veterans Affairs Regional Office, Chicago, Illinois.

8.  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.

9.  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.

10.  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 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.

11.  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 four campaigns -- Tet Counteroffensive, which extended from 30
January through 1 April 1968; Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; 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.

12.  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 1 December 1966 to 30 June 1968 by Department of
the Army General Orders 31, dated 1969 and the Republic of Vietnam Civil
Actions Honor Medal, First Class for the period 19 December 1966 to 28 June
1969 by Department of the Army General Orders 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's claim for the
award of the Purple Heart.  He is not listed on Vietnam Casualty Listing
and there are no entries on his DA Form 20 showing he was wounded.  His
separation physical only shows a knee injury.  There is no entry regarding
his right arm.  Even though the applicant indicates a medic treated him for
a shrapnel wound in his claim to the DVA, he has not provided a copy of the
medical documentation required by the regulation to show the wound was as a
result of hostile fire action.

2.  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 Specialist (SP4/E-4).  He achieved
that rank in a period of 1 year, 11 months, and 28 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 25 August 1967 through 22
August 1969.

3.  The Vietnam Campaign Medal is improperly annotated on the applicant's
DD Form 214.  It should read "Republic of Vietnam Campaign Medal with
Device 1960".  Therefore, he is entitled to a correction of his DD Form 214
to properly annotate this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in three campaigns during his assignment in Vietnam which is
not correctly shown by award of four 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
four bronze service stars and correction of his DD Form 214 to show these
awards.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of
Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is entitled
to correction of his records to show award of these foreign unit awards by
adding them to 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 Campaign Medal with Device and the Vietnam
Service Medal on his DD Form 214; and

      b.  Adding the Good Conduct Medal, the Republic of Vietnam Campaign
Medal with Device 1960, the Vietnam Service Medal with 4 bronze service
stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and
the Republic of Vietnam Civil Actions Honor Medal, First Class.

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
the award of the Purple Heart.



                                  Kathleen A. Newman
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009675                           |
|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.                      |107.0094                                |
|4.                      |107.0095                                |
|5.                      |107.0088                                |
|6.                      |                                        |


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