RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 December 2004
      DOCKET NUMBER:  AR2004104232


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in essence, that he was wounded during a combat
situation, but he was never issued the PH and it is not shown on his DD
Form 214.

3.  The applicant provides in support of his request:

      a.  General Orders Number 84, from Headquarters, 93rd Evacuation
Hospital, dated 5 April 1967, for award of the PH.


      b.  A copy of his DD Form 214, issued on 3 July 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
3 July 1969.  The application submitted in this case is dated 20 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 he enlisted in the Regular Army
on
1 November 1965.  He completed the training requirements and he was awarded
military occupational specialty (MOS) 11C (Indirect Fire Crewman).

4.  On 20 August 1966, the applicant was transferred to Vietnam and
assigned to Troop K, 3rd Squadron, 11th Armored Cavalry Regiment (ACR) with
duties in his MOS.  He was assigned to this unit until he returned to the
United States on
25 July 1967.

5.  The applicant served in Vietnam during Vietnam Counteroffensive, Phase
II and Vietnam Counteroffensive, Phase III.


6.  The applicant's DD Form 214 shows he was honorably separated on
3 July 1969.  He was awarded the National Defense Service Medal, Vietnam
Service Medal (VSM), Vietnam Campaign Medal, and the Sharpshooter
Marksmanship Qualification Badge (Rifle).  The PH is not shown as an
authorized award.

7.  General Orders Number 84, dated 5 April 1967, show the PH was awarded
to the applicant for wounds received in connection with military operations
against a hostile force on 4 April 1967.

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.  The 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 to be worn on the VSM to represent the two campaigns in which he
participated from 20 August 1966 to 25 July 1967.

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, 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 whole months for credit toward the
overseas service bar.  The applicant is authorized two OSB's for his
service in Vietnam from 20 August 1966 to 25 July 1967.



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 of service from 7 September 1966 to 10
August 1968 by Department of the Army General Order Number 60, dated 1969.


DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 84, dated 5 April 1967, is sufficient to support
correcting the applicant's DD Form 214 to show award of the PH.

2.  The available evidence is also sufficient to correct the applicant's DD
Form 214 to show award of:

      a.  Two bronze service stars to be worn on the VSM to represent the
two campaigns in which he participated from 20 August 1966 to 25 July 1967;

      b.  Two OSB's for his service in Vietnam from 20 August 1966 to 25
July 1967; and

      c.  The Vietnam Gallantry Cross Unit Citation with Palm for the
period
from 7 September 1966 to 10 August 1968.

BOARD VOTE:

__fe____  __pms___  __ses___  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, two
bronze service stars to be worn on the VSM, two OSB's, and the Vietnam
Gallantry Cross Unit Citation with Palm



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104232                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0079                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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