RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 August 2004
      DOCKET NUMBER:  AR2004100389


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Ms. Eloise C. Prendergast         |     |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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was assigned as an advisor to
the Army of Vietnam and was wounded while serving in the Delta Region of
South Vietnam.  He states that he was treated for his wound at Ben Trh
(sic) by the KMAG (Korean Military Advisory Group) and he was never awarded
the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice that
occurred on 31 August 1969.  The application submitted in this case is
dated 29 October 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's military records show that he enlisted in the Regular
Army on 17 November 1945 and continued to serve on active duty until he was
honorably discharged on 31 August 1969 for the purpose of retirement.  The
applicant was transferred to the retired list in the rank and pay grade,
Staff Sergeant,
E-6, under the provisions of Army Regulation (AR) 635-200.  On the date of
his retirement, the applicant had 23 years, 7 months, and 28 days,
creditable service for basic pay purposes.

4.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
with an effective date of 31 August 1969, shows he was awarded the National
Defense Service Medal, with one oak leaf cluster; the Vietnam Service
Medal, with bronze service star; the Republic of Vietnam Campaign Medal,
with Device '60; the Good Conduct Medal, third award; two overseas service
bars; and the Vietnam Medal of Honor [because of a lack of an award order
issued by the Government of Vietnam, a certified translation and approval
to accept a foreign decoration as required by Army regulation, this award
is believed to be the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation].
 The Purple Heart is not shown on the applicant's DD Form 214.

5.  Item 32 (Foreign Service) of the applicant's DA Form 20, Enlisted
Qualification Record, shows that the applicant was assigned to and arrived
in Vietnam on 18 August 1968.  He was assigned to Advisory Team 64, US
Military Assistance Command, Vietnam (USMACV).  The applicant remained
assigned to this unit until he was returned to the United States on
completion of his overseas tour of duty in Vietnam on 17 August 1969.

6.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the four bronze service stars to which the
applicant is entitled for his campaign participation.

7.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969; the Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

8.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

9.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
to show that he was wounded in action against a hostile force.  There is no
entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that
the applicant was awarded the Purple Heart.  There are no orders in the
applicant's military personnel records awarding him the Purple Heart.  The
applicant's name does not appear on the Vietnam Casualty List.  The
applicant provided no medical documentation to support his contention that
he was wounded in action and his request for award of the Purple Heart.

10.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant served with in Vietnam, the US Military Assistance Command,
Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 8 February 1962 to 28 March 1973, by
Department of the Army General Orders (DAGO) Number 8, dated 1974; and the
Meritorious Unit Commendation, for the period 1 September 1967 through 31
October 1968 by DAGO 37, dated 1970 and for the period 1 November 1968
through 30 June 1970 by DAGO 51, dated 1971.

11.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none to support his
contention that he was wounded in action while he served in Vietnam.  He is
therefore ineligible for award of the Purple Heart and to have it added to
his DD Form 214 at this time.

2.  The applicant participated in four campaigns during his service in
Vietnam.  He is therefore eligible for award of three additional bronze
service stars, in addition to one already shown on his DD Form 214 in
conjunction with the Vietnam Service Medal, to denote his campaign
participation.

3.  The applicant served with the US Military Assistance Command, Vietnam,
at the time it was cited for award of the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, and two Meritorious Unit Commendations [in
effect, the Meritorious Unit Commendation, with one oak leaf cluster].  The
applicant is therefore entitled to these unit awards and to have them shown
on his DD Form 214.  It would be appropriate to add these unit awards to
his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __rjo___  __ecp___  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:

      a.  awarding the applicant three bronze service stars, in addition to
the one currently shown on his DD Form 214, in conjunction with his already-
awarded Vietnam Service Medal, to denote his correct campaign participation
while he was in Vietnam; and

      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and two Meritorious Unit Commendations [in
effect, the Meritorious Unit Commendation, with oak leaf cluster], and
adding these unit awards to his DD Form 214.

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 to the applicant at this time.



                 Shirley L. Powell
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100389                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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