RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 September 2004
      DOCKET NUMBER:  AR2004101793


      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. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 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 he earned this award and he wants
his records to accurately show all medals he was awarded.

3.  The applicant provides a copy of his DD Form 214 and a copy of the
award certificate for the Purple Heart he received in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 11 June 1969.  The application submitted in this case is dated 9
December 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 record shows that he enlisted in the Regular
Army on 7 November 1966.  He completed his basic combat training at Fort
Leonard Wood, Missouri, and his advanced individual training at Aberdeen
Proving Ground, Maryland.  After completing all required training, he was
awarded the military occupational specialty (MOS), 64A (Light Vehicle
Driver).

4.  The applicant was assigned to Vietnam and he arrived there on 26 August
1967.  He was assigned to Company A, 15th Engineer Battalion, 9th Infantry
Division.  The applicant served in Vietnam until 9 June 1969 when he was
returned to the United States for release from active duty.

5.  The applicant was released from active duty on 11 June 1969, under the
provisions of Army Regulation (AR) 635-200, Early Separation of Overseas
Returnee, in the rank and pay grade of Specialist Five, E-5, with 2 years,
7 months, and 5 days active military service.


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, and the Army Commendation Medal (2nd
Oak Leaf Cluster).  The Purple Heart is not shown among his awards.

7.  The applicant provided a copy of an award certificate in support of his
application to show he was awarded the Purple Heart for a wound he received
on 15 March 1969.  Major General Julian J. Ewell, the 9th Infantry Division
Commander, signed the certificate, on 16 March 1969.

8.  The applicant's name appears on the Vietnam Casualty List.  This
listing shows that the applicant was wounded in action on 15 March 1969.

9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  A search of the general orders
consolidation maintained by the Award Branch, Human Resources Command, was
made for orders; however, no orders were found.

10.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.  Item 40
(Brief Description of Wounds), of the applicant's DA Form 20, shows that
the applicant received a fragmentation wound to the little finger on 15
March 1969.  An incomplete copy of a DD Form 1380, U.S. Field Medical Card,
supports the entry and shows that the applicant received the injury at 0930
hours on 15 March 1969.

11.  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 campaign participation.

12.  While in Vietnam, the applicant participated in the following seven
campaigns:  the Vietnam Counteroffensive, Phase III, which extended from
1 June 1967 through 29 January 1968; the Tet Counteroffensive, which
extended from 30 January through 1 April 1968; the Vietnam
Counteroffensive, Phase IV, which extended from 2 April through 30 June
1968; 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.

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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

14.  The applicant's DD Form 214 shows that he was awarded the Army
Commendation Medal, with 2nd Oak Leaf Cluster; however, this entry is
incorrect.  The entry should correctly appear as the Army Commendation
Medal, with second oak leaf cluster, and with "V" Device, based on the
following:

      a.  The applicant was awarded the Army Commendation Medal, by General
Orders 7735, Headquarters, 9th Infantry Division, dated 29 August 1968, for
meritorious service in connection with military operations for the period
from 26 August 1967 to 25 August 1968.


      b.  The applicant was awarded his second Army Commendation Medal, by
General Orders 11580, Headquarters, 9th Infantry Division, dated 26
December 1968, for outstanding achievement in connection with military
operations for the period from 5 November 1968 to 9 November 1968.


      c.  The applicant was awarded the Army Commendation Medal, Second Oak
Leaf Cluster, and with "V" Device, for heroism in connection with military
operations against a hostile force during the period 23 and 24 February
1969, by General Orders 4228, Headquarters, 9th Infantry Division, dated 9
April 1968.

15.  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 A, 15th Engineer Battalion, 9th Infantry Division, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 1 July through 13 November 1968, by DAGO 31, dated 1969.  The 15th
Engineer Battalion, the applicant's unit's superior unit, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 1 December 1966 through 30 June
1968, by DAGO 31, dated 1969, and for the period January through June 1969
by DAGO 59, dated 1969.  The 15th Engineer Battalion was also awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the period 19 December 1966 through 28 June 1969, by DAGO 59, dated
1969.  These unit awards are not shown on his DD Form 214 and it would be
appropriate to add them at this time.

16.  On 7 January 1967, the applicant qualified marksman with his assigned
M-14 Rifle.  He was awarded the Marksman Marksmanship Qualification Badge,
with Rifle Bar, by Special Orders Number 17, paragraph 210, prepared by
Headquarters, U.S. Army Training Center and Fort Leonard Wood, Missouri,
dated 17 January 1967.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate award orders, the evidence of record
shows that the applicant received the Purple Heart, for a wound he received
in action against a hostile armed enemy on 15 March 1969.  He is therefore
eligible to have the Purple Heart added to his DD Form 214.

2.  The applicant's DD Form 214 shows that he was awarded the Army
Commendation Medal, with 2nd Oak Leaf Cluster.  This entry is incorrect.
The entry should correctly appear as:  the Army Commendation Medal, with
Second Oak Leaf Clusters, and with "V" Device.

3.  The applicant participated in seven campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of one silver service star
and two 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, Company A, 15th Engineer Battalion, 9th
Infantry Division, which was awarded three Republic of Vietnam Gallantry
Cross, with Palm, Unit Citations, and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation.  He is therefore entitled to these
unit awards and to have them added to his separation document.

BOARD VOTE:

__mdm___  __kah___  __rld___  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 to the applicant's DD
Form 214;

      b.  amending the currently shown entry, Army Commendation Medal, (2nd
Oak Leaf Cluster) to correctly read:  Army Commendation Medal, Second Oak
Lead Cluster, and with "V" Device;

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

      d.  awarding the applicant three Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214.




                 Mark D. Manning
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101793                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|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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