RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 May 2004
      DOCKET NUMBER:   AR2004100487


      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. Klaus P. Schumann             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Fred N. Eichorn               |     |Member               |
|     |Mr. Robert J. Osborn, II          |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded during his service
in the Republic of Vietnam (RVN) and as a result was awarded the PH.

3.  The applicant provides a letter, dated 20 August 1966, from the
commander of the unit to which he was assigned while serving in the RVN.
This letter provides the applicant well wishes for his recovery from wounds
he sustained on 17 August 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 9 January 1966.  The application submitted in this case
is dated 12 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 record shows that he was inducted into the Army and
entered active duty on 10 January 1966.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Light Weapons
Infantryman) and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 26 June 1966 through 23 June 1967.  Item 38
(Record of Assignments) indicates that during his RVN tour, he was assigned
to Company C, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division
performing duties in MOS 11B.  This item further shows that he received
“Excellent” conduct and efficiency ratings throughout his service in the
Army.

5.  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 lists the names of soldiers wounded in action while serving in the
RVN.  This search shows that the applicant was wounded as a result of
hostile action on 17 August 1966.

6.  Further, the applicant's military records contain a letter, dated 20
August 1966, from the commander of his unit in the RVN.  This letter
provided the applicant well wishes for his recovery from wounds he
sustained on 17 August 1966.

7.  The applicant's military records contain a copy of Headquarters, 1st
Infantry Division General Orders Number 4523, dated 19 June 1967, which
awarded him the Bronze Star Medal.

8.  On 9 January 1968, the applicant was honorably separated after
completing
a total of two years of active duty service.  The separation document
(DD Form 214) he was issued on the date of his separation indicates that
during his active duty tenure he earned the National Defense Service Medal,
Combat Infantryman Badge, Vietnam Service Medal with 2 bronze service
stars, RVN Campaign Medal, and Marksman Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal (AGCM).  It states, in pertinent part, that it is
authorized for each 3 years of qualifying honorable service completed on or
after 27 August 1940.  However, for the first award only, a period of more
than one year is a qualifying period if the award is issued at the
termination of a period of Federal service.  While there is no automatic
entitlement to the AGCM, disqualification must be justified.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating
in while serving in the RVN.  Table B-1 contains a list of RVN campaigns.
It
shows that during the applicant's tenure of assignment in the RVN,
campaign credit was authorized for the following four campaigns:
Vietnam Counteroffensive 1965-1966; Vietnam Counteroffensive Phase II,
Vietnam Counteroffensive Phase III, and TET Counteroffensive 1969.
12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (Company C, 2nd Battalion, 2nd
Infantry Regiment, 1st Infantry Division) received the RVN Gallantry Cross
with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that on 17 August 1966, the applicant
was wounded in action while serving as a PFC in the RVN, as evidenced by
the
DA Vietnam Casualty Roster and the RVN unit commander letter provided by
the applicant.  Therefore, it would be appropriate to award the applicant
the PH at this time.

2.  The applicant’s record also contains a copy of orders that awarded him
the Bronze Star Medal for meritorious service.  However, this award is not
included in the list of awards contained on his DD Form 214.  Thus, it
would also be appropriate to add this award to his separation document at
this time.

3.  The applicant's record confirms that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information or a specific disqualification
by any of the active duty unit commanders for whom he served.  As a result,
it would be appropriate to award the applicant the first award of the AGCM,
for his qualifying period of honorable active duty service from 10 January
1966 through 9 January 1968.

4.  The evidence also confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and 4 bronze service stars with his Vietnam Service Medal.
Thus, it would also be appropriate to add these awards to his record.

BOARD VOTE:

_JNS___  FE____  _RJO_____  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the Purple Heart, for being wounded in action on
17 August 1966, while serving as a PFC in the RVN;

      b.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying period of honorable active duty service from 10 January 1966
through 9 January 1968;


      c.  adding the awarded Bronze Star Medal to his record and separation
document;


      d.  showing that based on his service and campaign participation in
the RVN, he is entitled to the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation and 4 bronze service stars with his Vietnam Service
Medal; and


      e.  providing him a corrected separation document that includes these
awards.




                 _John N. Slone_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100487                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/05/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680109                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.61     |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |