RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2005
      DOCKET NUMBER:  AR20040010409


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 military records to show award
of the Purple Heart for wounds sustained in Vietnam.

2.  The applicant states that he was wounded, as a result of a grenade
explosion, while serving in Vietnam and that he never received the Purple
Heart.

3.  The applicant provides: a self authored written account of his service
in Vietnam; a copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge); a copy of his DA Form 20 (Enlisted
Qualification Record); and, a statement from a former member of his unit.

4.  The assertion of the former member of the applicant’s unit states that
he was present when a grenade exploded and wounded the applicant in the
chest.  He further states that he and the applicant “pulled five or six
pieces of metal out of” the applicant’s chest and that a medic treated the
applicant “on site.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 18 April 1968.  The application submitted in this case is dated
17 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 limitation 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 19 April
1966 and completed training in Military Occupational Specialty 11C10
(Infantry Indirect Fire Crewman).  He served in Vietnam from 12 December
1966 to 26 June 1967 with Company E, 3d Battalion, 39th Infantry, and from
27 June to 8 December 1967 with Headquarters and Headquarters Company, 9th
Service and Transport
Battalion, 9th Infantry Division.  The applicant then returned to Fort
Benning, Georgia where he completed his service obligation and was
honorably separated from active duty in pay grade E-4 on 18 April 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal with two bronze service stars; the National Defense Service Medal;
the Combat Infantryman Badge; the Expert Marksmanship Badge with Rifle Bar;
and, the Sharpshooter Marksmanship Badge with Rifle Bar.  No other awards
or decorations are listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the
applicant’s DA Form 20 (Enlisted Qualification Record) that show he was
wounded as a result of hostile action.  There is no indication in the
applicant’s medical records that he was wounded, or treated for wounds, as
a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  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 would 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.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was
disqualified by his unit commander for award of the Good Conduct Medal.
Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, 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.  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.

10.  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 the unit, to which the applicant
was assigned, was cited for the following unit awards during the period he
was assigned:

      a. 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 Number 31, dated 1969;


      b. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 19 December 1966 to 28 June 1969 by Department of
the Army General Orders Number 59, dated 1969; and,


      c. the Meritorious Unit Commendation for the period 1 January to
31 December 1967 by Department of the Army General Orders Number 1, dated
1969.

DISCUSSION AND CONCLUSIONS:

1.  The eyewitness statement submitted by the applicant is noted.  However,
there is no other evidence to collaborate this statement.  Also, there is
no evidence that the applicant received medical treatment or that the
medical treatment was made a matter of official record.  In the absence of
more conclusive evidence, the applicant is not entitled to award of the
Purple Heart or correction of his records to show this decoration.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 19 April 1966 to 18 April
1968.  Therefore, he is entitled to correction of his records to show this
award.

3.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  General Orders show that the applicant is entitled to the Meritorious
Unit Commendation.  Therefore, he is entitled to correction of his records
to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___lmd __  ____jea_  ____rtd__  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 showing award of:

      a. the first award of the Good Conduct Medal, for the period 19 April
1966 to 18 April 1968;

      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and,

      d. the Meritorious Unit Commendation.

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
award of the Purple Heart.




            __________James E. Anderholm_______
                                CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010409                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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