RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040009989


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his records be corrected to show his award
of the Purple Heart.

2.  The applicant states that the official documents appear to have been
missing at the time of his separation and he believes it is the right thing
to do to correct his records.

3.  The applicant provides copies of his DD Form 214 (Report of Separation
or Transfer), a certificate awarding him the Purple Heart, and a six page
excerpt from BIRD, The Christmastide Battle.  This book, by S. L. A.
Marshall, Brigadier General USAR, Retired, recounts the battle at Landing
Zone Bird and notes that the applicant was seriously wounded in the back in
the attack.

CONSIDERATION OF EVIDENCE:

01.  The applicant is requesting correction of an alleged error which
occurred on 26 September 1968, the date of his release from active duty.
The application submitted in this case is dated 5 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 records show he entered active duty on 26 October 1965,
completed training, and was awarded the military occupational specialty
(MOS) 11C (Infantry Indirect Fire Crewman).

4.  A Purple Heart award certificate, dated 30 December 1966, indicates the
applicant was wounded in action on 28 December 1966.

5.  The applicant received additional training and, on 24 May 1967, was
granted the MOS 83B30 (Compositor – Draftsman).

6.  On 26 September 1968 he was honorably released from active duty and
transferred to the Army Reserve (USAR) Control Group (Reinforcement).  He
had 2 years, 11 months, and 1 day of creditable service.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows at:

      a.  Item 38 (Record of Assignments), that he served as an 11C in
Vietnam with C Company, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry
Division from 25 May 1966 through 25 January 1967; and was a patient
assigned to the Medical Holding Detachment, 249th General Hospital in Japan
from 26 January 1967 through 4 April 1967;

      b.  Item 38 also lists his conduct and efficiency ratings as
excellent;


      c.  Item 40 (Wounds), indicates he received multiple fragment wounds
to his upper back on 28 December 1966.

8.  The applicant's DD Form 214 lists his awards as the Air Medal, the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with "1960" Device, the Combat Infantryman Badge,
and the Parachutist Badge.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) indicates that during the period the
applicant was assigned to the 1st Battalion, 12th Cavalry Regiment it was
cited for award of the Presidential Unit Citation and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22, paragraph 2-8 provides that the Purple Heart
is awarded to an individual who is wounded in action against an enemy of
the United States, the armed forces of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  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.

11.  Army Regulation 600-8-22, chapter 4 provides that the 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.  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.  A record of punishment is not automatically
disqualifying.  At that time, a single conduct or efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
unfavorable consideration and permits the individual to respond.  At that
time, non-favorable consideration was normally noted on the DA Form 20.

12.  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.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated in two
campaigns: the Vietnam Counteroffensive, 25 December 1965 – 30 June 1966
and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.

DISCUSSION AND CONCLUSIONS:

1.  It appears that although the applicant was wounded in action against an
enemy on 28 December 1966 and awarded the Purple Heart, the entry of this
award was never made on his DD Form 214.  It is appropriate to correct this
error.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, his personal decorations, and his promotion to E-4.  The record
contains no indication of any disqualifying incidents or recommendations.
It is appropriate to award the applicant the Good Conduct Medal for his
period of service from 26 October 1965 through 26 September 1968.

3.  In addition to the awards listed on his DD Form 214, the applicant is
also authorized award of the Presidential Unit Citation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and to wear two bronze
service stars on his Vietnam Service Medal.


BOARD VOTE:

__JEA___  __BPI___  _MJF___  GRANT FULL RELIEF

________  ________  ________  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 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 awarding the applicant the Good
Conduct Medal for the period 26 October 1965 through 26 September 1968.

2.  The Board further determined that the evidence presented shows that, in
addition to the awards listed on his DD Form 214, the applicant is also
authorized the Purple Heart, the Presidential Unit Citation, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and to wear two bronze
service stars on his Vietnam Service Medal.




                            _     James E. Anderholm______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009989                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|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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