RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 September 2004
      DOCKET NUMBER:  AR2004101626


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 the Purple Heart, with Two Oak
Leaf Clusters, the Combat Infantryman Badge, and the Vietnam Service Medal
[it is believed the applicant meant the Republic of Vietnam Campaign Medal,
since the Vietnam Service Medal is shown on separation document] be added
to his DD Form 214, Armed Forces of the United States, Report of Transfer
or Discharge.

2.  The applicant states, in effect, that his DD Form 214 does not
accurately depict his awards and medals.

3.  The applicant provides a copy of a letter addressed to him from the
National Personnel Records Center dated 20 May 2002; a copy of an awards
certificate for the Purple Heart, dated 9 April 1970; an awards certificate
for the Purple Heart, Second Oak Leaf Cluster, dated 14 June 1970; two
copies of Standard Forms (SF) 600, Chronological Record of Medical Care,
with entries dated 27 March 1970, and 4 May 1970; and a copy of a SF 502,
Narrative Summary, dated 31 July 1970, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army of the United States on 5 March 1969.  He completed his basic combat
and his advanced individual training at Fort Lewis, Washington.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11B (Light Weapons Infantryman).

2.  The applicant was assigned to Vietnam and he arrived there on 17
February 1970.  He was assigned to Company B, 3rd Battalion, 21st Infantry
Regiment, 196th Infantry Brigade.  The applicant served in Vietnam until 26
June 1970 when he was medically evacuated to the 249th General Hospital in
a patient status.  He was further assigned to the Medical Holding
Detachment, US Army Medical Detachment, Naval Hospital, Great Lakes,
Illinois, on 8 July 1970.  He was returned to duty and was reassigned to
Fort Ord, California, on 19 September 1970.

3.  The applicant was released from active duty on 4 March 1971, under the
provisions of Army Regulation (AR) 635-200, at the expiration of his term
of service, in the rank and pay grade of Sergeant, E-5, with 2 years active
military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following awards:  the National Defense Service
Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification
Badge, with Rifle Bar.  The Purple Heart, the Purple Heart, with First and
Second Oak Leaf Clusters, the Combat Infantryman Badge, and the Republic of
Vietnam Campaign Medal are not shown on the DD Form 214.

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

6.  While in Vietnam, the applicant participated in the following three
campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

7.  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.

8.  The Vietnam Casualty List shows that the applicant was wounded in
action on three separate dates:  27 March, 23 May, and 13 June 1970.

9.  The applicant provided a copy of awards certificates, in support of his
application, to show that he was awarded the Purple Heart, for a wound he
sustained on 27 March 1970, and the Purple Heart, Second Oak Leaf Cluster,
for a wound he sustained on 13 June 1970.  The applicant did not provide an
awards certificate for the Purple Heart, First Oak Leaf Cluster, and none
is available in his service personnel records, which corresponds to the
general orders, which were published on 27 May 1970, for the wound he
sustained on 23 May 1970.

10.  General Orders 3093, Headquarters, Americal Division, dated 28 March
1970, and General Orders 5054, Headquarters, Americal Division, dated 27
May 1970, are on file in the applicant's service personnel record.  These
general orders show that he was awarded the Purple Heart, for a wound he
sustained on 27 March 1970, and the Purple Heart, First Oak Leaf Cluster,
for a wound he sustained on 23 May 1970.

11.  There are no general orders on file in the applicant's service
personnel records awarding him the Purple Heart, Second Oak Leaf Cluster,
for the wound he sustained on 13 June 1970.  A search of a consolidated
general orders database on file at the Human Resources Command failed to
turn up the appropriate orders.

12.  There are no orders in the applicant's service personnel records to
show that he was awarded the Combat Infantryman Badge.

13.  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.

14.  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,
Company C, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 31 March through 30 June 1970, by Department of
the Army General Order (DAGO) Number 42, dated 1972.  This unit award is
not shown on his DD Form 214.

15.  On 29 May 1969, the applicant qualified expert with the M-60
machinegun.  He was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar, in Special Orders Number 167, paragraph 228, published
by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort
Lewis, Washington, dated 16 June 1969.  This qualification badge does not
appear on the applicant's separation document.

16.  On 10 June 1969, the applicant qualified expert with the M-16
automatic rifle.  He was awarded the Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar, in Special Orders Number 182, paragraph
204, published by Headquarters, U.S. Army Training Center, Infantry and
Fort Lewis, Fort Lewis, Washington, dated 1 July 1969.  This qualification
badge does not appear on the applicant's separation document.
17.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  The Awards Branch of the U.S. Army
Human Resources Command (formerly known as the Total Army Personnel
Command) has advised, in similar cases, that during the Vietnam Era the
Combat Infantryman Badge was awarded only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  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.

19.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  The Government of Vietnam awarded this medal 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.

20.  In the letter addressed to the applicant from the National Personnel
Records Center dated 20 May 2002, he is advised that records show that he
was wounded on 13 June 1970 and that a Purple Heart is authorized for this
wound.  The applicant was provided a DD Form 215, Correction to DD Form
214, Certificate of Release or Discharge from Active Duty, to show the
correction to
his report of separation.  A copy of the DD Form 215 is on file in the
applicant's service personnel records.

21.  The SFs 600 that the applicant submitted show that he received medical
treatment at the 91st Evacuation Hospital for a fragmentation wound behind
his left ear on 27 March 1970 and for a laceration to the right shoulder
from shrapnel on 4 May 1970.  The applicant received Purple Hearts for
these wounds.

22.  The SF 502 that the applicant submitted shows that he was admitted to
the hospital on 8 July 1970 for treatment of multiple fragmentation wounds
he received to his lower extremities in Vietnam from a recoilless round.
The applicant received the Purple Heart, Second Oak Leaf Cluster, for these
wounds as shown by the awards certificate, dated 14 June 1970, that the
applicant provided.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple
Heart, for wounds he sustained on 27 March 1970, and the Purple Heart,
First Oak Leaf Cluster, for wounds he sustained on 23 May 1970, and the
Purple Heart, Second Oak Leaf Cluster, for wounds he sustained on 13 June
1970.

2.  One Purple Heart was added to the applicant's DD Form 214 by a DD Form
215, which was prepared and distributed, by the National Personnel Records
Center on 16 May 2002.  The Purple Heart, First and Second Oak Leaf
Clusters are not shown on and have not been added to the applicant's DD
Form 214.  It would be appropriate to add these awards to the applicant's
DD Form 214 at this time.

3.  The evidence of record shows that the applicant had an infantry MOS and
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.  The applicant was wounded in
action on three separate occasions and was awarded the Purple Heart.  He is
therefore entitled to award of the Combat Infantryman Badge and to have it
added to his DD Form 214.

4.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Sergeant, E-5, and there is no record of lost time in his service
personnel
records.  Based on this excellent record of service, he is eligible for
award of the Good Conduct Medal for the period 5 March 1969 through 4 March
1971 and to have it added to his DD Form 214.

5.  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.

6.  The applicant qualified for award of the Vietnam Service Medal and was
evacuated from Vietnam prior to completing six months of service due to
wounds resulting from hostile action.  He is therefore entitled to award of
the Republic of Vietnam Campaign Medal and to have it added to his DD Form
214.

7.  The applicant served in a unit, Company C, 3rd Battalion, 21st Infantry
Regiment, 196th Infantry Brigade, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.  He is entitled to this unit
award and to have it added to his DD Form 214.

8.  The applicant qualified expert with the M-60 machinegun and with the M-
16 automatic rifle.  He was awarded the Expert Marksmanship Qualification
Badge, with Machinegun Bar and the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar.  These qualification badges do not appear on the
applicant's separation document.  It would be appropriate to add them to
his separation document at this time.

BOARD VOTE:

__wtm___  __wdp___  __rjw___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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.  adding the already-awarded Purple Heart, with Two Oak Leaf
Clusters (to denote three awards of the Purple Heart) and the already-
awarded Expert Marksmanship Qualification Badge, with Machinegun and
Automatic Rifle Bars to the applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period 5
March 1969 through 4 March 1971 and adding this award to the applicant's DD
Form 214;

      c.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, and to have these shown on his DD Form 214 as
the Vietnam Service Medal, with three bronze service stars; and


      d.  awarding the applicant the Combat Infantryman Badge, the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of
Vietnam Campaign Medal and adding these awards to his DD Form 214.




                 Walter T. Morrison
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101626                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040902                                |
|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.  157                 |107.0111                                |
|4.  134                 |107.0088                                |
|5.                      |                                        |
|6.                      |                                        |



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