RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              NOVEMBER 9, 2004
      DOCKET NUMBER:      AR2004103771


      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. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that his military records will show
that he sustained a shell fragment wound while he was stationed at LocKhe,
Vietnam, during the period 1966 through 1967.

3.  The applicant provides a copy of his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, with an effective date of 14
April 1971, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error, which occurred on
14 April 1971.  The application submitted in this case is dated 5 February
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 available military records show that he enlisted in the
Regular Army on 13 June 1963 and, on 4 April 1966 he was honorably
discharged for the purpose of immediately reenlisting.  On the date of his
reenlistment and on the date of his release from active duty, the applicant
held the military occupational specialty (MOS) 11D, Armor Intelligence
Specialist.

4.  The applicant's available military records show that the applicant was
assigned to Vietnam and he arrived there during the month of June 1966.  He
was assigned to Headquarters and Headquarters Company, 2nd Battalion,
28th Infantry, 1st Infantry Division.  He remained assigned to this unit
until he was returned to the United States in April 1967.

5.  The applicant was honorably discharged on 14 April 1971, in the rank
and pay grade of Private, E-1, under the provisions of Army Regulation (AR)
635-200, at the expiration of his enlistment.  On his discharge date, the
applicant had a combined total of 4 years, 10 months, and 18 days service.

6.  Block 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the following:  the National Defense Service Medal;
the Army Commendation Medal; the Vietnam Service Medal, with three bronze
service stars; the Republic of Vietnam Campaign Medal, with device 1960;
the Combat Infantryman Badge; and the Marksman Marksmanship Qualification
Badge, with Rifle Bar (M-14); and the Sharpshooter Marksmanship
Qualification Badge, with Machinegun Bar.  The Purple Heart is not shown.

7.  The applicant's name appears on the Vietnam Casualty List; however,
there are no orders in his military personnel records awarding him the
Purple Heart.

8.  A search of a General Orders Data Base maintained by the Human
Resources Command, Awards Branch, failed to turn up a copy of orders
awarding the applicant the Purple Heart.

9.  The unit the applicant served with in Vietnam, Headquarters and
Headquarters Company, 2nd Battalion, 28th Infantry, 1st Infantry Division,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 12 July 1965 through 16 October 1968, by DAGO 21,
dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period October 1965 through 7 April 1970, by
DAGO 53, dated 1970.  These unit awards do not appear on the applicant's DD
Form 214.

10.  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.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross,
Unit Citation, and one Republic of Vietnam Civil Actions Honor Medal, Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Listing shows that the applicant was wounded in
action in Vietnam on 15 August 1966.  A search for orders awarding him the
Purple
Heart was to no avail.  He is therefore entitled to award of the Purple
Heart and to have it added to his DD Form 214.

2.  The unit the applicant served with in Vietnam, Headquarters and
Headquarters Company, 2nd Battalion, 28th Infantry, 1st Infantry Division,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  He is therefore
entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

mdm____  lgh _____  lds _____  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 awarding the applicant the Purple
Heart, for wounds sustained in action on 15 August 1966, and the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding
these awards to his DD Form 214, with an effective date of 14 April 1971.





            ____Mark D. Manning__
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103771                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|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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