RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:               OCTOBER 14, 2004
      DOCKET NUMBER:      AR2004102682


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, 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 the Purple Heart and the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, were not added to his
DD Form 214, probably due to the workload.  He wants these awards added
to his records because it makes a difference when applying for city jobs
and he wants the credit for awards he earned during his military service.

3.  The applicant submits a copy of his DD Form 214 and a copy of a Purple
Heart award certificate he was awarded for wounds he received in action on
28 December 1966, in the Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 10 May 1968.  The application submitted in this case is dated
14 January 2004.

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 was inducted into the
Army of the United States on 12 May 1966.  He completed basic combat
training at Fort Ord, California, and his advanced individual training at
Fort Polk, Louisiana.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11C (Infantry Indirect
Fire Crewman).

4.  The applicant was assigned to Vietnam and arrived there on 23 October
1966.  He was assigned to Company C, 1st Battalion, 8th Cavalry, 1st
Cavalry Division.  He remained with the unit through his assignment in
Vietnam, with
exception of the period, 2 January through 29 January 1967, when he was
assigned to the 249th General Hospital, in Japan, as a patient.  The
applicant returned to the United States on 21 October 1967 and was assigned
to Fort Hood, Texas, to complete his military service obligation.

5.  The applicant was honorably released from active duty, on 10 May 1968,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service.  He was released from active duty 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, 11 months, and 29 days active military
service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he received the following awards:  the Air Medal; the National
Defense Service Medal; the Vietnam Service Medal, with one bronze service
star; the Republic of Vietnam Campaign Medal; and the Combat Infantryman
Badge.  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is an entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, showing he received fragmentation wounds to
his back on 28 December 1966.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, to show that the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart, but the applicant's name appears on page 332
of the Vietnam Casualty List.

10.  The applicant submitted a copy of a Purple Heart awards certificate
showing he was awarded the Purple Heart, for wounds received in action, in
the Republic of Vietnam, on 28 December 1966.

11.  A search of a general orders consolidation database was made for
orders awarding the applicant the Purple Heart.  No orders were found.  It
appears that orders awarding the Purple Heart were published by one of the
hospitals through which the applicant passed in the medical evacuation
process, either the 249th General Hospital or the 67th Evacuation Hospital.
 A medical corps major signed the Purple Heart award certificate.
12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with one bronze service star; however, this entry does not show the
correct number of bronze service stars to which the applicant is entitled
for his campaign participation.

13.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968.

14.  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.

15.  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 while he served in Vietnam:  Company C, 1st
Battalion, 8th Cavalry, 1st Cavalry Division, was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August
1965 through 19 May 1969, by Department of the Army General Orders (DAGO)
Number 59, dated 1969.

16.  A copy of a DA Forms 8-275-3, Clinical Record Cover Sheet, shows the
applicant was admitted to the 67th Evacuation Hospital on 28 December 1966.
 Item 23 (Diagnosis), of the form shows that the applicant sustained a
fragmentation wound to the back.  He was hit in a firefight near Bong Son,
at 1500 hours, on 28 December 1966.  Item 25 (Selected Administrative
Data), of the form, states that, the "Purple Heart not awarded this
facility."

17.  A copy of a DA Forms 8-275-3, Clinical Record Cover Sheet, shows the
applicant was admitted to the 249th General Hospital on 2 January 1966.
Item 23 (Diagnosis), of the form shows that the applicant sustained a
fragmentation wound to the back and right flank.  He was hit while in a
fire fight near Bong Son, at 1500 hours, on 28 December 1966, when hit by
mortar fire from a hostile force.  Item 25 (Selected Administrative Data),
of the form, states, among other information, "Purple Heart not awarded by
this installation."

18.  On 12 August 1966, the applicant qualified marksman with the .45
caliber pistol.  He was awarded the Marksman Marksmanship Qualification
Badge, with
Pistol Bar, by Special Orders Number 236, paragraph 234, prepared by
Headquarters, Fort Polk, Louisiana, dated 12 September 1966.

19.  On 28 February 1968, the applicant was awarded the MOS 11B (Light
Weapons Infantryman) by Special Orders Number 53, paragraph 29, prepared by
Headquarters, 1st Armored Division, Fort Hood, Texas.  This MOS appears in
Item 23a (Specialty Number & Title) of the applicant's DD Form 214.

20.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

21.  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.

22.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant received fragmentation
wounds to his back and to his flank on 28 December 1966.  The applicant
submitted a copy of the Purple Heart award certificate he received to
support his application.  No orders announcing award of the Purple Heart to
the applicant were located.  Based on the available evidence, the applicant
is entitled to have the Purple Heart added to his DD Form 214.

2.  The applicant served in two campaigns while he served in Vietnam.  The
applicant was awarded the Vietnam Service Medal, with one bronze service
star.  The Vietnam Service Medal, with one bronze service star, is shown on
the applicant's DD Form 214.  He is entitled to award of one additional
bronze service star and to have it added to and to be correctly shown on
his separation document as the:  Vietnam Service Medal, with two bronze
service stars.

3.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There is no entry in Item 42, of his DA Form 20, indicating
that he was ever disqualified from award of the Good Conduct Medal by any
of his unit commanders.  There is no evidence of a breach of good order or
discipline in the applicant's service personnel records, and it appears
that the failure to award this Soldier the Good Conduct Medal was an
administrative oversight and not related to anything he did to disqualify
himself from this award.

4.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citations while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214 at this time.

BOARD VOTE:

fe ______  lds _____  rtd  _____  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.  adding the Purple Heart the applicant received for wounds he
sustained in action in Vietnam on 28 December 1966 to his separation
document;

      b.  awarding the applicant the Good Conduct Medal for the period 12
May 1966 thorough 10 May 1968 and adding this award to his DD Form 214;

      c.  awarding the applicant one additional bronze service star to be
affixed to his already-awarded Vietnam Service Medal, with one bronze
service star, and showing this award correctly on his DD Form 214 as the:
Vietnam Service Medal, with two bronze service stars;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and adding this unit award to his DD Form 214;
and

      e.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Pistol Bar, to the applicant's separation document.





            _____Fred Eichorn____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102682                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|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.  140                 |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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