RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          7 December 2004
      DOCKET NUMBER:  AR2004103067


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 that his military record be corrected to show he
was awarded the Purple Heart (PH).

2.  The applicant states, in effect, that on 29 January 1969, in Vietnam,
he was wounded in action by enemy forces.

3.  The applicant provides in support of his request:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) and a Certificate of Retirement both dated 1970.

      b.  Medical Evaluation Board (MEB) Proceedings dated 23 January 1970.

      c.  Physical Evaluation Board Proceedings dated 10 March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
29 June 1970.  The application submitted in this case is dated 1 February
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 record show that he was inducted into the Army
of the United States on 8 February 1968 and was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in
Vietnam from 14 July 1968 to 21 February 1969 with Company B, 1st
Battalion, 8th Infantry, 4th Infantry Division, until he returned to the
United States and was assigned to the Medical Holding Company, Walter Reed
General Hospital, Washington, DC.

4.  The applicant participated in two campaigns while serving in Vietnam --
Counteroffensive, Phase V and Counteroffensive, Phase VI.

5.  The applicant's MEB and PEB proceedings show he received a "fragment
wound to the left chest with hemopneumothorax and penetration of the left
ventricle sustained in action against enemy forces, 29 January 1969, in
Vietnam."

6.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

7.  On 29 June 1970, the applicant was retired due to a permanent
disability.  His DD Form 214 shows that he had completed 2 years, 4 months
and 22 days of creditable service and he had no recorded lost time.  He was
awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam
Campaign Medal, and the Combat Infantryman Badge.  The PH is not shown as
an authorized award.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part, that:

      a.  The PH is awarded for a wound sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that:  (1) the
wound was the result of hostile action; (2) the wound required medical
treatment; and
(3) the medical treatment was made a matter of official record.

      b.  A bronze service star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized award of two bronze service stars for
wear on the VSM for his period of service from 14 June 1968 to 21 February
1969.

      c.  The Good Conduct Medal (GCMDL) 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.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.
 The applicant's military records contain no derogatory information, and
all of his conduct and efficiency ratings were "excellent."

9.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army
outside of the continental limits of the United States.  There are special
provisions regarding authorization for the OSB for service in a hostile
fire zone and for combining service to calculate award of the bars.  For
Vietnam service, one OSB is authorized for each period of 6 months active
Federal service as a member of a U.S. Service in Vietnam from 1 July 1958
to 28 March 1973.  Both the month of arrival and the month of departure
from Vietnam are counted as a whole months for credit toward the OSB.  The
applicant is authorized award of two OSB for his period of service from 14
June 1968 to 21 February 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period October 1966 to 28 July 1969 by
Department of the Army General Orders (DAGO) Number 3, dated 1970.  It also
shows that the unit was awarded the Vietnam Civil Actions Honor Medal,
First Class for the period 1October 1966 to
1 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports that the applicant was wounded in
Vietnam on 29 January 1969; the wound was treated and the incident was
documented.  In fact, the applicant was retired by reason of physical
disability as a result of his wounds.  Therefore, it is appropriate to
correct the applicant's record to show award of the PH.

2.  The applicant served faithfully and well; he received excellent conduct
and efficiency ratings; and there are no derogatory entries in his records.
 He should be awarded the Good Conduct Medal.

3.  The evidence available also supports that it is appropriate to correct
the applicant's record to show award of two bronze service stars for wear
on the VSM, two OSB's, the Vietnam Gallantry Cross Unit Citation with Palm
and the Vietnam Civil Actions Honor Medal, First Class.

BOARD VOTE:

__mdm___  __jed___  __jbg___  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 showing award of the PH, the Good
Conduct Medal, two bronze service stars for wear on the VSM, two OSB's, the
Vietnam Gallantry Cross Unit Citation with Palm and the Vietnam Civil
Actions Honor Medal, First Class.



                 Mark D. Manning
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103067                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0073                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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