RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 September 2004
      DOCKET NUMBER:  AR2004102306


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Melvin H. Meyer               |     |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 (PH) be added
to his separation document (DD Form 214).

2.  The applicant states, in effect, that he was awarded the PH at the 3rd
Field Hospital, Republic of Vietnam (RVN), for being wounded in action on 9
July 1968.

3.  The applicant provides a copy of a PH Certificate, dated 10 July 1968,
issued by the commander, 3rd Field Hospital, RVN.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 23 December 1968.  The application submitted in this case
is dated 13 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 record shows he was inducted into the Army and entered
active duty on 6 January 1967.  He was trained in and awarded military
occupational specialty (MOS) 13E (Field Artillery Operations and
Intelligence Specialist) and assigned to the RVN in May 1968.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from May through December 1968 and that he was assigned
to the 29th Artillery Regiment.  Item 38 (Record of Assignments) indicates
he received “Excellent” conduct and efficiency ratings at each of his
active duty units.  Further, his Military Personnel Records Jacket (MPRJ)
contains no derogatory information and there is no documented record of a
disqualification from any of the applicant's active duty commanders that
would have precluded him from receiving the Army Good Conduct Medal (AGCM).



5.  On 23 December 1968, the applicant was honorably released from active
duty.  The DD Form 214 he was issued at the time indicates he completed a
total of 1 year, 11 months and 18 days of active military service.  It also
shows that he earned the Vietnam Service Medal, Republic of Vietnam
Campaign Medal and National Defense Service Medal.

6.  The applicant provides a copy of a PH Certificate, dated 10 July 1968,
issued by the commander of the 3rd Field Hospital, RVN.  This document
indicates the applicant was awarded the PH, for wound received in action on
9 July 1968, while serving as a private first class in the RVN.

7.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.
This search revealed the applicant’s name was included in this official
list of RVN battle casualties.  The entry containing the applicant’s name
indicates he was wounded in action on 9 July 1968.

8.  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 award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table 2-1
contains a list of authorized campaigns and it shows that during his
assignment tenure, the applicant was credited with participating in the
Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and
Vietnam Counteroffensive Phase VI campaigns.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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 GCM, disqualification
must be justified.

11.  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 (H Battery, 29th Artillery)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, there must be
evidence to show a member was wounded in action, was treated for the wound
and a record of this treatment must have been made a matter of official
record.

2.  In this case, the evidence includes a PH Certificate provided by the
applicant and the DA Vietnam Casualty Roster.  These documents confirm the
applicant was wounded in action while serving in the RVN and that he was
treated for those wounds at the 3rd Field Hospital, RVN.  This satisfies
the regulatory burden of proof necessary to support award of the PH.
Therefore is would be appropriate to grant the relief requested by the
applicant.

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 6 January 1967 through 23
December 1968.

4.  The record also confirms that based on his service and campaign
participation in the RVN, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation
and 3 bronze service stars with his Vietnam Service Medal.  Thus, it would
also be appropriate to add these awards to his record at this time.

BOARD VOTE:

_JNS ___  __LE____  __MHM__  GRANT 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.   awarding him the Purple Heart, for being wounded in action on 9
July 1968, while serving as a private first class in the RVN;


      b.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying honorable active duty service from 6 January 1967 through
23 December 1968;

      c.  showing that based on his RVN service and campaign participation,
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
3 bronze service stars with his Vietnam Service Medal; and

      d.  providing him a corrected separation document that reflects these
awards.




            ____JOHN N. SLONE______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102306                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |1968/12/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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