RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          5 August 2004
      DOCKET NUMBER:  AR2004100288


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Linda Barker                  |     |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 DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart, the Combat
Medical Badge, the Vietnam Campaign Medal, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

2.  The applicant states that his DD Form 214 is incomplete due to his
medical evacuation as a result of combat wounds and expedited discharge.
He contends that he completed the required 30 days in country prior to
being wounded and evacuated which entitles him to award of the Vietnam
Campaign Medal.  He also contends that he was a combat medic wounded in the
line of duty in Vietnam which entitles him to the Purple Heart and the
Combat Medical Badge.

3.  The applicant provides a copy of his DD Form 214; a VA Form 07-3101
(Veterans Administration Request for Information), dated 9 January 1969;
and an undated letter to a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 February 1969.  The application submitted in this case is dated 17
December 2003.

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 was inducted on 17 October 1967.  He served as a medical
specialist assigned to Headquarters and Headquarters Company, 4th
Battalion, 9th Infantry of the 25th Infantry Division in Vietnam from 16
April 1968 until he was wounded in action on 11 May 1968 and evacuated on
22 May 1968 for medical treatment.  On 13 February 1969, the applicant was
honorably discharged by reason of physical disability in the rank of
specialist four after
completing 1 year, 3 months, and 27 days of creditable active service with
no time lost.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, and the Marksman Marksmanship Qualification
Badge with Rifle Bar as authorized awards.

5.  A DD Form 215 (Correction to DD Form 214), prepared on 5 February 1970,
amended the applicant's DD Form 214 to show he was awarded the Purple Heart
and the Combat Medical Badge.  Therefore, this portion of the applicant's
request will not be discussed further in these Proceedings.

6.  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 applicant’s unit received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 48, dated 1971.

7.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
received the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Orders Number 51, dated
1971.

8.  The applicant's service personnel records show he participated in one
campaign during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal.  This medal was awarded by
the Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the
Vietnam Service Medal or the Armed Forces Expeditionary Medal and were
evacuated prior to completing six months of service due to wounds resulting
from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

12.  Army Regulation 672-5-1, 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 except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 22 November 1955 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Vietnam Campaign Medal
because he qualified for award of the Vietnam Service Medal and was
evacuated prior to completing six months of service due to wounds resulting
from hostile action.

2.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation while he was assigned to it.

3.  The applicant participated in one campaign during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
bronze service star.

4.  The applicant was honorably discharged by reason of physical disability
in the rank of specialist four with no time lost.  Therefore, it appears
the applicant met the eligibility criteria for the first award of the Good
Conduct Medal for the period
17 October 1967 through 13 February 1969 based on completion of a period of

qualifying service ending with the termination of a period of Federal
military service.

BOARD VOTE:

wm____   rd_____  lb______  GRANT 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.  awarding him the first award of the Good Conduct Medal for the
period 17 October 1967 through 13 February 1969; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Vietnam Campaign Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Vietnam
Service Medal with one bronze service star.




            __Walter Morrison_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100288                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040805                                |
|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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