RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            FEBRUARY 3, 2004
      DOCKET NUMBER:   AR2004100953


      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:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Ms. Regan K. Smith                |     |Member               |
|     |Mr. Curtis L. Greenway            |     |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, that he be awarded the Purple Heart
for an injury he sustained, in Vietnam, in October 1971.

2.  The applicant states, in effect, that he was injured, in October 1971,
while on patrol of their firebase in Phu Loi, South Vietnam.  He was
attached to the 1st Aviation Brigade.  Their squad was scouting the
perimeter of the compound when they received rifle fire from the wooded
area.  When they were running for cover, he stepped into a hole on the
other side of a dirt mound and injured his left leg.  He broke his instep
and caused a varicose vein to protrude from his left leg.  He was offered
the Purple Heart, at the time, but refused it, he guesses, due to pride.
He was only 18 years of age at the time, and he would like to have the
Purple Heart, if possible.

3.  The applicant provides nothing, besides his self-authored statement, in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
in October 1971.  The application submitted in this case is dated 1 April
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 for 2 years in
the Regular Army on 1 February 1971.  He completed basic combat training at
Fort Campbell, Kentucky.  He completed advanced individual training at Fort
Gordon, Georgia.  After completing all required training, he was awarded
the military occupational specialty (MOS), 72B (Communication Center
Specialist).

4.  The applicant served in Vietnam from 12 August 1971 through 5 April
1972, with Headquarters and Headquarters Company, 520th Transportation
Battalion (General Support).

5.  The applicant was honorably released from active duty, on 6 April 1972,
under the provisions of Army Regulation (AR) 635-200, in response to the
Early
Release of AUS [Army of the United States] and first term RA [Regular Army]
Personnel Phase Down Programs, in the rank and pay grade of Specialist
Four, E-4.  On the date he was released from active duty, he had completed
1 year, 2 months, and 6 days active Federal service.

6.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline or a breach of
good order while he served on active duty.  There is no record that he was
subjected to either nonjudicial punishment or to court-martial.  There is
no entry in Item 42 (Remarks), of the applicant's DA Form 20, Enlisted
Qualification Record, to indicate that he was disqualified from award of
the Good Conduct Medal.

7.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he earned the following awards:  the National Defense Service Medal;
the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; one
overseas service bar; and the Marksman Marksmanship Qualification Badge,
with Automatic Rifle Bar (M-16 Rifle).  The Purple Heart is not shown on
the applicant's DD Form 214.

8.  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 and
the applicant's name does not appear on the Vietnam Casualty List.

9.  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.

10.  There are no orders in the applicant's service personnel records to
indicate that he was attached to the 1st Aviation Brigade while he was in
Vietnam.  There is no entry in Item 38 (Record of Assignments), of the
applicant's DA Form 20, to indicate that he served with any unit other than
the 520th Transportation Battalion.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the number of service stars to which the
applicant is entitled for campaign participation.
12.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Consolidation I, which extended from 1
July through 30 November 1971; the Consolidation II, which extended from 1
December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which
extended from 30 March 1972 through 28 January 1973.

13.  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.

14.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, Headquarters and Headquarters Company, 520th
Transportation Battalion (General Support), was awarded the Meritorious
Unit Commendation, for the period 1 August 1971 through 27 April 1972, by
Department of the Army General Orders (DAGO) Number 32, dated 1973.  The
unit was also awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, by DAGO Number 6, dated 1974; and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 32,
dated 1973.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

16.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.
Service school efficiency ratings based upon academic proficiency of at
least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has provided none, to show that
he was wounded as the result of hostile action, that he required treatment
for the wound and that the medical treatment was made a matter of official
record.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline or a breach of
good conduct on the applicant's part, while he served on active duty.  The
applicant was not awarded the Good Conduct Medal, it appears, more as a
result of administrative oversight rather than something that the applicant
did to disqualify himself from this award.  He is therefore eligible for
award of the Good Conduct Medal for the period 1 February 1971 through 6
April 1972.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

4.  The applicant served in a unit, which was awarded the Meritorious Unit
Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation.  These unit awards are not shown on his DD Form 214
because they were awarded after the applicant was released from active
duty.  He is entitled to these unit awards and to have them added to his DD
Form 214 at this time.


BOARD VOTE:

sac_____  rks_____  clg_____  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 the applicant the Good Conduct Medal for the period
1 February 1971 through 6 April 1972 and adding this award to the
applicant's DD Form 214;

      b.  awarding the applicant three bronze stars to be affixed to his
already-awarded Vietnam Service Medal, to denote his campaign participation
while he was in Vietnam, and having them shown on his DD Form 214; and

      c.  awarding the applicant the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation
and having these unit awards shown on 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, for wounds he allegedly
sustained to his left leg, in Vietnam, in October 1971.





            ___Samuel A. Crumpler___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100953                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040203                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |