RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004103983


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in action twice
while serving in the Republic of Vietnam (RVN).  He claims he was medically
evacuated to a hospital, where he received sutures and three days later he
returned to his unit.  He states he was awarded the first PH and the
certificate was mailed to his parents.

3.  The applicant provides a PH Certificate, Request for Information
(VA Form 07-3101 and Photographs in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 27 February 1969.  The application submitted in this case
is dated 17 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 record shows he enlisted in the Regular Army and
entered active duty on 28 February 1966.  He was trained in and awarded
military occupational specialty (MOS) 11B and the highest rank he attained
while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms he
served in the RVN from 29 September 1966 through 5 May 1968.  It further
shows that during this tour, he was assigned to Company C, 1st Battalion,
327th Infantry Regiment from 23 October 1966 through 4 October 1967,
performing duties in MOS 11B as a rifleman; and from 5 October 1967 through
5 May 1968, he was assigned to Company E, Support Battalion, 1st Brigade,
101st Infantry Division, performing duties in MOS 11B in the security
platoon.

5.  Item 38 of the applicant’s DA Form 20 shows he received “Excellent”
conduct and efficiency ratings at all of his active duty assignments.  Item
40 (Wounds) contains an entry showing the applicant received a
fragmentation wound to the chin on 11 January 1967.  Item 41 (Awards and
Decorations) shows that during his active duty tenure, he earned the
Vietnam Service Medal (VSM), Parachutist Badge, National Defense Service
Medal (NDSM), RVN Campaign Medal with
60 Device, Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM),
Sharpshooter Qualification Badge with Rifle Bar and 3 Overseas Bars.

6.  The applicant’s 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).

7.  On 27 February 1969, the applicant was honorably released from active
duty after completing a total of 3 years of active military service.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his
separation shows he earned the following awards during his active duty
tenure:  VSM, Parachutist Badge, NDSM, RVN Campaign Medal, CIB, ARCOM,
Sharpshooter Qualification Badge with Rifle Bar and 3 Overseas Bars.

8.  The applicant provides a PH certificate, dated 16 November 1967, which
shows he was awarded the PH for wounds he received in action on 11 January
1967, while serving in the RVN.

9.  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.

10.  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.
11.  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.

12.  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 (Company C, 327th Infantry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.  It further shows that
based on the dates of his service in the RVN, the applicant was credited
with participating in the following four campaigns:  Vietnam
Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET
Counteroffensive, and Vietnam Counteroffensive Phase IV.

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 PH Certificate provided and the Item 40 entry on the
DA Form 20 confirm he was wounded in action on 11 January 196.  As a
result, the regulatory burden of proof necessary to support award of the PH
has been satisfied.  Thus it would be appropriate to award the applicant
the PH.

3.  The applicant's record also confirms 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 unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the AGCM, for his qualifying 3 year
period of honorable active duty service from 28 February 1966 through 27
February 1969.

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 4 bronze service stars with his Vietnam Service Medal.  Thus, it would
also be appropriate to add these awards to his record at this time.
5.  The applicant provided no evidence and the evidence of record provides
no information regarding the applicant being wounded in action a second
time while serving in the RVN.  As a result, there is an insufficient
evidentiary basis to support a second award of the PH in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__MHM__  ___ECP_  ___RR__   GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 him the Purple
Heart, for being wounded in action on 11 January 1967, while serving in the
RVN; by awarding him the Army Good Conduct Medal, for his 3 year period of
qualifying honorable active duty service from 28 February 1966 through 27
February 1968; by showing 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
4 bronze service stars with his Vietnam Service Medal; and by providing him
a corrected separation document that includes these awards.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a second award of the Purple Heart.




            ____Melvin H. Meyer ____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103983                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/02/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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