RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20040011702


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Silver Star Medal and the Purple Heart.

2.  The applicant states he was awarded these medals, but they were not
entered on his DD Form 214.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 October 1969.  The application submitted in this case
is dated 1 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 Board noted the applicant’s request for award of the Silver Star
Medal.  However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Silver Star Medal under
this provision of law.  As a result, award of the Silver Star Medal
requested by the applicant is not discussed further in these Proceedings.

4.  The applicant served in the Army of the United States from 8 November
1967 to 20 October 1969.  He spent 11 months and 23 days in the Republic of
Vietnam (RVN) from October 1968 through October 1969 assigned to Company A,
1st Battalion, 8th Cavalry, 1st Cavalry Division.

5.  The applicant's records do not support his claim to entitlement to the
Purple Heart.  His Military Personnel Records Jacket (MPRJ) contains no
orders or
other documents that indicate the applicant ever received a wound/injury as
a direct result of, or that was caused by, enemy action.  Further, there
are no documents on file that show he was ever recommended for or awarded
the PH or that he was ever treated for a combat-related wound or injury.
His DA Form 20 (Enlisted Qualification Record), in Item 40 (Wounds), is
blank and contains no entry that indicates he was ever wounded/injured as a
result of combat action.

6.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster,
which contains the names of those Soldiers wounded or injured in action in
the RVN.  The applicant’s name was not included in this DA list of Soldiers
who were reported as RVN battle casualties.

7.  The applicant's DD Form 214 shows that he was awarded the Bronze Star
Medal with "V" Device, Bronze Star Medal (for meritorious service),
National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal, and the Combat Infantryman Badge.

8.  The applicant's DA Form 20 shows that his conduct and efficiency
ratings were "excellent" throughout his military service and that he had no
courts-martial convictions.  It also shows that he was awarded the Expert
Marksmanship Qualification Badge with Mortar Bar and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part:

      a.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
is no statute of limitations on requests for award of the Purple Heart.
During the Vietnam War, USARV (US Army Vietnam) Regulation 672-1
(Decorations and Awards) further provided that authority to award the
Purple Heart was delegated to hospital commanders.  Thus Soldiers requiring
hospitalization in excess of 24 hours, or evacuation from Vietnam, were to
be awarded the Purple Heart directly by the hospital
commander rendering treatment.  All Soldiers treated and released within
24 hours were awarded the Purple Heart by the organization to which the
Soldier was assigned.

      b.  The Good Conduct Medal (GCMDL) is awarded to Soldiers 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.  Army Regulation 672-5-
1, in effect at the time the applicant was discharged, required that
throughout a qualifying period of service for award of the Good Conduct
Medal the Soldier must have had all “excellent” conduct and efficiency
ratings and no convictions by a court-martial.

      c.  The basic marksmanship qualification badge is awarded to indicate
the degree in which a Soldier has qualified in a prescribed record course,
and an appropriate bar is furnished to denote each weapon with which the
Soldier has qualified.  The qualification badges are in three classes:
Expert, Sharpshooter, and Marksman.  Soldiers will wear the basic badge
which indicates the qualification last attained with the respective weapon.

10.  Department of the Army Pamphlet (DA PAM) 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 award of the Vietnam Gallantry Cross
Unit Citation with Palm for the period May 1969 to February 1970 by
Department of the Army General Order (DAGO) Number 11, dated 1973, amended
by DAGO 42, dated 1972.  It also shows the unit was cited for award of the
Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
for the period 1 January 1969 to 1 February 1970 by DAGO 42, dated 1972.

11.  DA PAM 672-3 shows that the applicant served in RVN during 4
campaigns: Counteroffensive, Phase V (1 July-1 November 1968);
Counteroffensive, Phase VI (2 November 1968-22 February 1969); Tet 69
Counteroffensive (23 February-8 June 1969); Summer-Fall 1969 (9 June-31
October 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the PH.  However, there
is insufficient evidence to support this claim.  By regulation, in order to
award the PH it is necessary to establish that a Soldier was wounded in
action, that the wound required treatment by a medical officer, and that
the record of medical treatment must have been made a matter of official
record.
2.  The evidence of record provides no confirmation that the applicant was
ever wounded in action.  Although the veracity of his claim that he was
hospitalized while serving in the RVN is not in question, there is a lack
of corroborating evidence of record to show that this hospitalization was
the result of receiving a wound/injury as a direct result of or that was
caused by enemy action.  Thus, there is insufficient evidence to satisfy
the regulatory burden of proof necessary to support award of the PH in this
case.

3.  The applicant's records confirm that he served faithfully and well
during his military service, and that he received conduct and efficiency
marks of "excellent" and had no convictions by courts-martial.  He is
entitled to award of the Good Conduct Medal and his DD Form 214 should
reflect same.

4.  The applicant’s record contains documentation that confirms that his
service and campaign participation in the RVN entitles him to the Vietnam
Gallantry Cross Unit Citation with Palm, the RVN Civil Actions Honor Medal,
First Class Unit Citation, the Expert Marksmanship Qualification Badge with
Mortar Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar, and 4 bronze service stars with his Vietnam Service Medal.  However,
these awards were not included on his final separation document.  The
omission of these awards is an administrative matter that does not require
Board action to correct.  Therefore, administrative correction of the
applicant's records will be accomplished by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined by the Board in the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 October 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 October 1972.  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:

________  ________  ________  GRANT FULL RELIEF

__clg___  __rtd___  __lvb____  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 that the he was
awarded the Good Conduct Medal for the period 8 November 1967 to 20 October
1969.

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
the Purple Heart.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show he was awarded the Vietnam Gallantry Cross Unit Citation
with Palm, the RVN Civil Actions Honor Medal, First Class Unit Citation,
the Expert Marksmanship Qualification Badge with Mortar Bar, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 4 bronze
service stars with his Vietnam Service Medal.



                                        Curtis L. Greenway
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011702                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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