RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040011077


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 record be corrected to show award of
the Purple Heart with one oak leaf cluster, Air Medal, and any other awards
to which he is entitled.

2.  The applicant states the awards are omitted from his DD Form 214
(Report of Transfer or Discharge).

3.  The applicant provides a copy of an assignment order, DD Form 214,
order awarding him the Bronze Star Medal, order awarding him the Air Medal,
and orders awarding him the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 March 1969.  The application submitted in this case is
dated      10 December 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 on 17 May 1967, trained as an
infantryman at Fort Polk, Louisiana, where he was awarded the Expert
Marksmanship Qualification Badge with machinegun bar and the Marksman
Marksmanship Qualification Badge with rifle bar.  In October 1967 he was
assigned to Fort Benning, Georgia for training as an NCO candidate.  He was
promoted to sergeant, completed his training, and was assigned to Fort
Lewis, Washington.  In May 1968 the applicant was assigned to Company B,
2nd Battalion, 18th Infantry, in Vietnam.

4.  The applicant was awarded the Combat Infantryman Badge in May 1968.  On
16 June 1968 he was awarded the Purple Heart for wounds received in action
on 14 June 1968.  On 21 February 1969 he was awarded the Purple Heart for
wounds received in action on 12 September 1968.  On 12 March 1969 he was
awarded the Air Medal for meritorious achievement.  On 26 March 1969 he was
awarded the Bronze Star Medal for meritorious service.

5.  The applicant completed his tour of duty in Vietnam and returned to the
United States at Oakland, California.  He was released from active duty on
       10 March 1969 in the grade of staff sergeant.  His character of
service was honorable.  His enlisted qualification record shows that his
conduct and efficiency were excellent throughout his military service.

6.  The applicant participated in four campaigns during his tour of duty in
Vietnam and the 2nd Battalion, 18th Infantry was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for its actions while
he was assigned to that organization.

7.  The applicant’s DD Form 214 shows award of the Combat Infantryman
Badge; Bronze Star Medal, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.  It does not reflect the other awards indicated above,
nor in showing award of the Vietnam Service Medal, does it credit him with
participation in four campaigns.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on two occasions and awarded the
Purple Heart accordingly.  His record should reflect award of the Purple
Heart with oak leaf cluster.  The oak leaf cluster denotes a second award
of the Purple Heart.

2.  The applicant was awarded the Expert Marksmanship Qualification Badge
with machinegun bar, Marksman Marksmanship Qualification Badge with rifle
bar, and the Air Medal.  His record should reflect those awards.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  His record should show award of the Vietnam Service Medal with
four bronze service stars (one for each campaign).

4.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

5.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

BOARD VOTE:

__SP____  __RD___  ___JM __  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 showing award of the Purple Heart with
oak leaf cluster, Expert Marksmanship Qualification Badge with machinegun
bar, Marksman Marksmanship Qualification Badge with rifle bar, Air Medal,
Vietnam Service Medal with four bronze service stars, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Army Good
Conduct Medal.





                            ______Shirley Powell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011077                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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