RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010081


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Pattersom         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 award of the Purple Heart.

2.  The applicant states the medal was never received.

3.  The applicant provides copies of a field medical tag and follow-up
medical records showing he was treated for a wound inflicted by shrapnel
from an enemy RPG (rocket propelled grenade) on 11 February 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 November 1968.  The application submitted in this case is
dated 20 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 14
November 1966 and completed training as an infantryman.  He served in
Vietnam from 26 April to 31 July 1967 with C Company, 4th Battalion, 9th
Infantry.  From 1 August 1967 to 16 August 1967 he served with A Company,
3rd Battalion, 22nd Infantry Regiment.  On 17 August 1967 he joined D
Company of the same battalion where he served until 19 April 1968 when he
returned to the United States.

4.  Block 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record
shows. "FW: (R)  LEG" (fragment wound right leg).  Block 41 (Awards and
Decorations)
lists the National Defense Service Medal, the [Republic of Vietnam (RVN)]
Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman
Badge, the Marksman Qualification Badge (M-16) Rifle and the Sharpshooter
Qualification Badge (M-14) Rifle.  Block 38 Record of Assignments shows
that his conduct and efficiency ratings were exclusively excellent
throughout the period of active duty service.

5.  On 13 November 1968, he was released from active duty in pay grade E-4,
with an honorable characterization of service.  His DD Form 214 (Report of
Transfer or Discharge) lists the same authorized awards as does his DA Form
20.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

7.  Army Regulation 600-8-22 (Military Awards) 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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

8.  Army Regulation 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.

9.  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.  The applicant served
during the following four designated campaign periods:  Counteroffensive
Phase II, 1 July 1966-31 May 1967; Counteroffensive Phase III, 1 June 1967
– 29 January 1968; Tet Counteroffensive, 30 January 1968 – 1 April 1968;
and Counteroffensive Phase IV, 2 April 1968 – 30 June 1968.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register shows
that during the applicant's Vietnam tour his units of assignment were
authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit
Citation and the RVN Civil Actions Medal First Class Unit Citation.

11.  The medical records that the applicant submitted show that the combat
wound took 15 stitches to close.  Although it became infected, it
ultimately healed properly.  He was returned to duty on 14 March 1967.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was treated for a wound sustained as the
result of enemy action.  He is entitled to award of the Purple Heart.

2.  He distinguished himself by his conduct, efficiency and fidelity during
a qualifying period of active duty enlisted service.  He should be awarded
the Good Conduct Medal.

3.  The applicant has been authorized the RVN Gallantry Cross with Palm
Unit Citation and the RVN Civil Actions Medal First Class Unit Citation.

4.  He served during four designated campaign periods and is authorized
four bronze service stars for wear on the Vietnam Service Medal.

5.  The above awards should be shown on the applicant's DD Form 214.

BOARD VOTE:

__MKP __  __REB__  __LMB__  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:

      a.  awarding him the Purple Heart and the Good Conduct Medal; and


      b.  showing that, in addition to the awards currently listed on his DD
Form 214 he is authorized awards also include the Purple Heart, the Good
Conduct Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN
Civil Actions Medal First Class Unit Citation, and four bronze service
stars for wear on the Vietnam Service Medal.




                            _Margaret K._Patterson________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010081                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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