RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010107


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |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 correction of his records to show award of the
Bronze Star Medal and an additional award of the Purple Heart (correctly
known as the Purple Heart (First Oak Leaf Cluster).

2.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 October 1969.  The application submitted in this case is
dated 19 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 was inducted into the Army of the United States on 5
October 1967.  He completed combat and advanced individual training and was
awarded the military occupational specialty (MOS) 11B20 (Light Weapons
Infantryman).  The highest rank the applicant attained while serving on
active duty was specialist four.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the Republic of Vietnam (RVN) from 21 March 1968 through
20 March 1969.  During his RVN tour, he was assigned to the 3rd Battalion,
39th Infantry, 9th Infantry Division United States Army Pacific (USAPAC).
Item 38 (Record of Assignments) further shows that he received “Excellent”
conduct and efficiency ratings at all of his active duty assignments.

5.  Item 40 (Wounds) of the DA Form 20 contains the entries “FW [Fragment
Wound] Right Leg - 9 May 1968 and “FW (L) [Left] Leg – 26 June 1968.”

6.  The applicant’s military personnel records contains no derogatory
information and there is no documented record of a disqualification from
any of the applicant’s active duty commanders that would have precluded him
from receiving the Army Good Conduct Medal.
7.  On 13 December 1967, the applicant was honorably released from active
duty.  The DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) he was issued at the time confirms that he completed
a total of 1 year, 11 months, and 29 days of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign
Ribbons Awarded or Authorized) shows that he earned the National Defense
Service Medal; the Vietnam Service Medal (VSM); the Purple Heart, the RVN
Campaign Medal with 1960 Device; the Vietnam Unit Citation; the Combat
Infantryman’s Badge; the Air Medal; the Army Commendation Medal with 1st
Oak Leaf Cluster; the Vietnam Overseas Service Bar, and the Sharpshooter
Marksmanship Qualification Badge (M-14).

8.  The applicant’s records contain General Orders Number 71, Headquarters,
3rd Field Hospital, dated 9 May 1968.  These orders show that the applicant
was awarded the Purple Heart for wounds received in connection with
military operations against a hostile force on 8 May 1968.

9.  The applicant’s records contain a Clinical Record Cover Sheet, dated 18
May 1968.  This document shows in item 23 (Diagnosis) that the applicant
was wounded in action and received a fragment wound to his right leg and
right foot while on a “sweep” against enemy forces.

10.  The applicant’s records contain a Standard Form 600 (Chronological
Record of Medical Care) which shows the applicant sustained a fracture
wound of the left leg on 26 June 1968 as a result of enemy action.

11.  The applicant’s records contain General Orders Number 4222,
Headquarters, 9th Infantry Division, dated 9 April 1969, which awarded the
applicant the Bronze Star Medal with “V” Device for heroism in connection
with military actions involving conflict with an armed hostile force in the
Republic of Vietnam.  This award is not shown on the applicant’s DD Form
214.

12.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Purple Heart.



13.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and it states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the RVN.  One bronze service star is
authorized for wear on the VSM in lieu of five bronze service stars.  Table
B-1 contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the following campaigns;  the Tet
Counteroffensive, the Vietnam Counteroffensive Phase IV, the
Counteroffensive Phase V, the Counteroffensive Phase VI, and the Tet 1969
Counteroffensive.

14.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal.  It states, in pertinent part, that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity for each 3 years completed on or after 27
August 1940.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit for service in RVN.  It confirms that during his
tenure of assignment in the RVN, the applicant’s unit, the 3rd Battalion,
39th Infantry, earned the Valorous Unit Award, the RVN Civil Actions Honor
Medal First Class, and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  In order to award the Purple Heart, it is necessary to establish that a
Soldier was wounded as a result of enemy action, that the wound required
treatment by a medical officer, and that the record of medical treatment
was made a matter of official record.

2.  Evidence of record shows that General Orders Number 71, Headquarters,
3rd Field Hospital, published orders on 9 May 1968 which awarded the
applicant the Purple Heart for wounds sustained on 8 May 1968.  In
addition, medical records show the applicant was wounded again on 26 June
1968.  This evidence is sufficient evidence to show the applicant is
entitled to two awards of the Purple Heart.  Therefore, his DD Form 214
should be corrected to show award of the Purple Heart (First Oak Leaf
Cluster).

3.  General Orders Number 4222, dated 9 April 1969 shows the applicant was
awarded the Bronze Star Medal with “V” Device.  Therefore, the applicant is
entitled to correction of his records to show this award.

4.  The applicant’s DA Form 20 confirms that he received excellent conduct
and efficiency ratings at all of his active duty assignments and his
military personnel record are void of any derogatory information or a
specific disqualification from any of the active duty unit commanders for
whom he served.  Therefore, it would be appropriate to award him the first
award of the Army Good Conduct Medal, for his qualifying period of active
duty service from 5 October 1967 through 3 October 1969.

5.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to award of the Valorous Unit
Award, the RVN Civil Actions Honor Medal First Class, the RVN Gallantry
Cross with Palm Unit Citation, and a silver service star for his
participation in five campaigns. Therefore, it would be appropriate to
correct applicant’s records to show these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
2 October 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__MHM__  __JTM __  __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:

      a.  amending his records by deleting the Purple Heart and adding the
Purple Heart with Oak Leaf Cluster ;

      b.  adding the Bronze Star Medal with “V” Device for the period 26
June 1968; and

      c.  by awarding the Valorous Unit Award, the RVN Civil Actions Honor
Medal First Class, the RVN Gallantry Cross with Palm Unit Citation, and a
silver service star to be worn on his Vietnam Service Medal.




                            _____Melvin H. Meyer______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010107                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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