RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20040009774


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann             |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart.

2.  The applicant states he received a Purple Heart that was never put in
his file, and would like for it to be put there now.

3.  The applicant provides a copy of his DD Form 214, and a copy of his
Purple Heart certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 January 1969, the date of his separation from active duty.
The application submitted in this case is dated 7 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.   The applicant's military records show that he was inducted on 31
January 1969.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 11 August
1967 through 10 August 1968 as a member of Company C, 2d Battalion
(Airborne), 503d Infantry.  He was transferred to the Army Reserve with an
honorable characterization of service on 30 January 1969.

4.  Item 24 of the applicant's DD Form 214 does not show award of the
Purple Heart.

5.  The applicant's records contain Headquarters, 173d Airborne Brigade
(Separate) General Orders Number 901, dated 8 April 1968, which awarded him
the Purple Heart for wounds received in connection with military operations
against a hostile force 20 November 1967.
6.  His DA Form 20 (Enlisted Qualification Record) shows in item 40
(Wounds) that he received a "Fragment wound left chest."

7.  The applicant's name is listed on the Vietnam Casualty Roster.

8.  Review of the applicant's personnel records indicate he is entitled to
additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Army
Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  The regulation states that, after 27 June 1950 to the
present time, the current standard for award of the Army Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

11.  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 Company C, 2d Battalion (Airborne), 503d
Infantry, it was awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and the Presidential Unit Citation.

12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.

13.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
received credit for participation in the following campaign: Vietnam
Counteroffensive, Phase III.




14.  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 three additional campaigns: TET Counteroffensive, Vietnam
Counteroffensive, Phase IV, and Vietnam Counteroffensive, Phase V.

15.  Army Regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show that the applicant was awarded the Purple Heart for wounds
received in connection with military operations against a hostile force.
Therefore, the applicant is entitled to the award of the Purple Heart.

2.  The applicant was separated on 30 January 1969 with 2 years of active
service and had no lost time.  The applicant's available records do not
contain evidence which would disqualify him from receiving the Army Good
Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct
Medal for the period 31 January 1967 through 30 January 1969 based on
completion of a period of qualifying service ending with termination of a
period of Federal military service.

3.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam.
Therefore, the applicant is entitled to the Vietnam Service Medal with four
bronze service stars and correction of his DD Form 214 to show this award.

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Presidential Unit Citation.
Therefore, he is entitled to correction of his records to show these unit
awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 January 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on       29 January 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:

___klw __  __bje ___  __pm ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriated to waive the ABCMR's
three-year statute of limitations in this case.

2.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by;

      a.  adding the Purple Heart to the applicant's DD Form 214;

      b.  awarding the Army Good Conduct Medal for the period 31 January
1967 through 30 January 1969;

      c.  deleting the Vietnam Service Medal from the DD Form 214;

      d.  adding the Vietnam Service Medal with four bronze service stars,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Presidential Unit Citation to the DD Form 214.




                            _____Barbara J. Ellis   ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009774                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/09                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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