RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 June 2004
      DOCKET NUMBER:   AR2004100525


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he was wounded while on the perimeter of a
USO show held at Fire Support Base Mace around Thanksgiving in 1971.  A
sniper began shooting during the sound-check portion of the show.  His
injuries were noted on the morning report of the aid station where he was
given a penicillin shot.  He was told he had to go to the 5th Battalion,
42d Artillery Aid Station in Long Binh, and from there he was sent to the
24th Evacuation Hospital.  That unit was in the process of going back to
the States.  He was referred to the 3d Field Hospital but was not treated
because his unit was not part of the 3d Field Force Expedition.  He was
told to report to the Military Assistance Command, Vietnam, hospital in
Saigon but he never reported there because when he went to Saigon the city
was under attack.  He then went back to Long Binh.  Upon his separation, he
was referred to the Veterans Administration for medical treatment.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 January 1972.  The application submitted in this case
is dated   29 September 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 enlisted in the Regular Army on 19 May 1969.  He arrived
      in Vietnam and was assigned to C Battery, 5th Battalion, 42d
Artillery on           16 February 1971.  He departed Vietnam on 21 January
1972 after being credited with participation in three campaigns.

4.  The applicant's service medical records are not available.  Item 40
(Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show
that he was wounded.  His name is not listed on the Vietnam Casualty
Roster.

5.  The applicant was honorably released from active duty on 25 January
1972, in pay grade E-5, after completing 2 years, 8 months, and 7 days of
creditable active service with no lost time.  His DD Form 214 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal with
two bronze service stars, and the Republic of Vietnam Campaign Medal with
1960 device.

6.  The applicant's DA Form 20 shows he received conduct and efficiency
ratings of "excellent" throughout his enlistment and he has no record of
disciplinary actions in his records.  His DA Form 20 also shows he had been
awarded the Sharpshooter Marksmanship Qualification Badge with Automatic
Rifle bar and the Marksman Marksmanship Qualification Badge with Rifle bar.

7. Army Regulation 600-8-22 provides policy and criteria concerning
individual military decorations.  In pertinent part, it states that the
Purple Heart is awarded to any member of an Armed Force who has been
wounded or killed in any action against an enemy of the United States.  The
wound must have required treatment by a medical officer and records of
medical treatment for wounds or injuries received in action must have been
made a matter of official record.

8.  Army Regulation 600-8-22 also provides that one bronze service star is
worn on the appropriate service medal for each campaign participation
credited.

9.  Army Regulation 672-5-1 was the regulatory authority in effect at the
time which 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.

10.  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 that, at the time of the
applicant's assignment to the 5th Battalion, 42d Artillery, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Citation for
the period 21 February 1970 through        28 February 1971 by Department
of the Army General Orders Number 42 dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none, such as
copies of his service medical records or Veterans Administration records,
to
show he was wounded in action.  Therefore, there is insufficient evidence
on which to base award of the Purple Heart.

2.  The evidence of record shows the applicant met the eligibility criteria
for award of the Army Good Conduct Medal.

3.  The evidence of record shows the applicant is authorized to wear three
bronze service stars on the Vietnam Service Medal.

4.  The evidence of record shows the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with Automatic Rifle bar and the Marksman
Marksmanship Qualification Badge with Rifle bar.

5.  The evidence of record also shows that the applicant was assigned to a
unit during a period of time that unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__sac___  _le_____  _lmb____  GRANT 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 him the Army Good Conduct Medal for the period 19 May
1969 through 25 January 1972; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Sharpshooter Marksmanship Qualification Badge with Automatic Rifle bar, and
the Marksman Marksmanship Qualification Badge with Rifle bar and to show he
is authorized to wear three bronze service stars on the Vietnam Service
Medal.

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.




            __Samuel A. Crumpler__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100525                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040629                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |