RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040011178


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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
Purple Heart.

2.  The applicant states, in effect, that the award of the Purple Heart is
not on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

3.  The applicant provides a DD Form 214 with the ending period 2 July 1971
and Headquarters, II Field Force Vietnam Artillery, General Orders Number
821, dated 17 July 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
2 July 1971.  The application submitted in this case is dated 8 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 enlisted in the Regular Army on 12 July 1968 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 16F (Automatic Weapons
Crewman).

4.  The applicant arrived in Vietnam and was assigned to D Battery (Machine
Gun), 71st Artillery on or about 9 January 1969.  He departed Vietnam on or
about 11 August 1970 after being credited with participating in six
campaigns.

5.  On 2 July 1971, the applicant was honorably released from active duty
after completing 2 years, 11 months, 21 days of creditable active service
with no lost time in the grade of Sergeant/E-5

6.  The applicant's DD Form 214 for the period ending 2 July 1971 shows he
was awarded the National Defense Service Medal, the Army Commendation
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with Device (1960), the Bronze Star Medal, the Expert Marksmanship
Qualification Badge (M-14), and the Expert Marksmanship Qualification Badge
(M-16).

7.  Headquarters, II Field Force Vietnam Artillery, General Orders Number
80, dated 3 January 1970 shows that the applicant was awarded the Army
Commendation Medal with "V" Device.

8.  Headquarters, II Field Force Vietnam Artillery, General Orders Number
669, dated 22 June 1970 shows that the applicant was awarded the Bronze
Star Medal with "V" Device for heroism in connection with military
operations against a hostile force on 29 May 1970.

9.  Headquarters, II Field Force Vietnam Artillery, General Orders Number
821, dated 17 July 1970 shows that the applicant was awarded the Purple
Heart for wounds received in action on 29 May 1970.

10.  Headquarters, II Field Force Vietnam Artillery, General Orders Number
846, dated 21 July 1970 shows that the applicant was awarded the Army
Commendation Medal for meritorious service.

11.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), shows that, at the time of the applicant’s
assignment to D Battery (Machine Gun), 71st Artillery, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period     5 April 1967 through 15 March 1969 based on
Headquarters, Department of the Army General Orders Number 60, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to D Battery (Machine Gun), 71st Artillery, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 2 December 1966 through 15 January 1971
based on Headquarters, Department of the Army General Orders Number 51,
dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to D Battery (Machine Gun), 71st Artillery, it was
cited for award of the Valorous Unit Award for the period 17 December 1968
through      18 May 1969 based on Headquarters, Department of the Army
General Orders Number 43, dated 1970.
15.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal (a silver star is worn instead of five bronze stars).

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Purple
Heart for wounds received in action on 29 May 1970.

2.  It is noted that he was promoted to Sergeant/E-5 with less than 3 years
service without lost time.  Therefore, the Board concludes he met the
eligibility criteria for the first award of the Army Good Conduct Medal
based on completion of qualifying service from 12 July 1968 through 2 July
1971.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  His DD Form 214 should be amended
to add these unit awards.

4.  Evidence of record shows that the applicant was awarded the Army
Commendation Medal twice, once with "V" device.  He was also awarded the
Bronze Star Medal with "V" device.

5.  The applicant’s participation in six campaigns which entitles him to
one silver and one bronze service star to be worn on his Vietnam Service
Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 July 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 July 1974.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

__ TSK  _  __ JTM  _  __ LF ___  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.  deleting the Army Commendation Medal and the Bronze Star Medal on
the applicant's DD Form 214;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 12 January 1968 through 2 July 1971; and

      c.  amending his DD Form 214 to show award of the Purple Heart, the
Bronze Star Medal with "V" Device, the Army Commendation Medal with "V"
Device with1st Oak Leaf Cluster, the Army Good Conduct Medal, the Valorous
Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation and one silver and bronze service star to be worn on his
Vietnam Service Medal.




                                  ____ Mr. Ted S. Kanamine __
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20040011178                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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