RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              NOVEMBER 9, 2004
      DOCKET NUMBER:      AR2004104355


      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 he was wounded in the lower leg
while serving in Vietnam during a mortar attack near LZ (landing zone) Jeff
at 15:20 hours, on 12 June 1969.

3.  The applicant submitted a copy of a DA Form 8-275-3, Clinical Record
Cover Sheet, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice that
occurred on 29 August 1971.  The application submitted in this case is
dated 16 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 enlisted in the US Army Reserve, Delayed Entry Program
(DEP), on 9 May 1968.  The applicant's military records show that he
enlisted in the Regular Army on 6 September 1968.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 11C, Infantry Indirect Fire Crewman.

4.  The applicant served two tours of duty in Vietnam.  He was assigned to
and arrived in Vietnam on 10 March 1969 and departed on 6 March 1970.  On
19 December 1970, after a brief assignment at Fort Hood, Texas, the
applicant returned to Vietnam and remained there until 28 August 1971.

5.  During the applicant's first tour of duty in Vietnam, he was assigned
to Company C, 4th Battalion, 21st Infantry, 11th Infantry Brigade (the
Americal Division).  During the applicant's second tour of duty in Vietnam,
he was assigned to Company C, 5th Battalion, 7th Cavalry, 1st Cavalry
Division.

6.  The applicant was honorably released from active duty on 29 August
1971, under the provision of Army Regulation (AR) 635-200, Chapter 5, and
was given a Separation Program Number of 411 (denoting the Early Separation
of Overseas Returnees), in the rank and pay grade, Sergeant, E-5.  On his
release from active duty, he had 2 years, 11 months, and 24 days active
duty service.

7.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Army
Commendation Medal, the Combat Infantryman Badge, the Bronze Star Medal,
and the Good Conduct Medal.  The Purple Heart is not shown on the
applicant's DD Form 214.

8.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

9.  While in Vietnam, the applicant participated in the following five
campaigns:  the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971; and the Consolidation I, which extended from 1 July through 30
November 1971.

10.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

11.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he was wounded in action
against a hostile force.  There is no entry in Item 41 (Awards and
Decorations), of the DA Form 20, showing that the applicant was awarded the
Purple Heart.  There are no orders in the applicant's military personnel
records awarding him the Purple Heart.
12.  The applicant's name appears on page 448 of the Vietnam Casualty List.

13.  The applicant provided a DA Form 8-275-3, Clinical Record Cover Sheet,
prepared by the 27th Surgical Hospital on 12 June 1969.  This record shows
that the applicant sustained multiple fragmentation wounds to the left leg
in a mortar attack near Landing Zone Jeff on 12 June 1969.  A notation on
the form states that the Purple Heart was not awarded to the applicant by
the 27th Surgical Hospital.

14.  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.

15.  The applicant's DD Form 214 shows he was awarded the Army Commendation
Medal; however, this entry is incorrect.  The applicant was awarded the
Army Commendation Medal, for meritorious service in connection with
military operations against a hostile force during the period February 1969
through July 1969, by General Orders 7246, published by Headquarters,
Americal Division, on 30 July 1969.  The applicant was also awarded the
Army Commendation Medal (in effect, the Army Commendation Medal, with one
oak leaf cluster), for meritorious service, in connection with ground
operations against a hostile enemy force in the Republic of Vietnam, during
the period August 1970 through March 1971, by General Orders 2891,
published by Headquarters, 1st Cavalry Division (Airmobile), dated 13
February 1971.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant served with in Vietnam, the 4th Battalion, 21st Infantry, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 24 August through 31 December 1969, by Department of the
Army General Orders (DAGO) Number 42, dated 1972.

17.  DA Pamphlet 672-3, also shows that the unit the applicant served with
on his return to Vietnam, the 5th Battalion, 7th Cavalry, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO
Number 42, dated 1972; and the Valorous Unit Award, for the period 1 May
through 29 June 1970, by DAGO Number 43, dated 1972.
18.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], in paragraph 7, Special Orders 221,
published by Headquarters, 1st Basic Combat Training brigade, Fort Jackson,
South Carolina, on 22 October 1968.

19.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Pistol Bar [.45 Caliber Pistol], in paragraph 6, Special Orders
250, published by Headquarters, 3rd AIT (Advanced Individual Training)
Brigade (Infantry), U.S. Army Training Center (USATC), Fort Gordon,
Georgia, on 5 December 1968.

20.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Mortar Bar [81MM Mortar], in paragraph 6, Special Orders 16, published
by Headquarters, 3rd AIT Brigade (Infantry), USATC, Fort Gordon, Georgia,
on 23 January 1969.

21.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.

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 30 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 on 12 June 1969.  The Clinical Record Cover Sheet prepared by the
27th Surgical Hospital on 12 June 1969, which the applicant submitted in
support of his request, supports this entry in the Vietnam Casualty
Listing.  A search for
orders awarding the applicant the Purple Heart was fruitless.  He is
therefore eligible for award of the Purple Heart and to have it added to
his DD Form 214.

2.  The applicant participated in five campaigns during his service in
Vietnam.  He is therefore eligible for award of one silver service star to
be affixed to his already-awarded Vietnam Service Medal and to be added to
his DD Form 214.

3.  The applicant was awarded two Army Commendation Medals, in effect, the
Army Commendation Medal, with one oak leaf cluster.  He is entitled to have
a correction made to his DD Form 214 to show the correct number of Army
Commendation Medals he received during his Army service.

4.  The applicant served with units, which combined were awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
the Valorous Unit Award; and two Republic of Vietnam Gallantry Cross, with
Palm, Unit Citations.  The applicant is entitled to these unit awards and
to have them added to his DD Form 214.

5.  The applicant qualified with the following weapons and was awarded the
following marksmanship qualification badges:  the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], the Expert
Marksmanship Qualification Badge, with Mortar Bar [81MM Mortar], and the
Marksman Marksmanship Qualification Badge, with Pistol Bar [.45 Caliber
Pistol].  These badges do not appear on his DD Form 214.  It would be
appropriate to add these badges to his separation document at this time.

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:

      a.  awarding the applicant the Purple Heart for wounds sustained in
the Republic of Vietnam on 12 June 1969 and adding this award to the
applicant's separation document;


      b.  awarding the applicant one silver service star to be affixed to
his already-awarded Vietnam Service Medal and adding this award to the
applicant's DD Form 214;


      c.  awarding the applicant the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; the Valorous Unit Award; and two
Republic of Vietnam Gallantry Cross, with Palm, Unit Citations; and adding
these unit awards to his DD Form 214; and

      d.  adding the already awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar; the Expert Marksmanship Qualification
Badge, with Mortar Bar; and the Marksman Marksmanship Qualification Badge,
with Pistol Bar, to the applicant's separation document.




            ____Mark D. Manning____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004104355                            |
|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.                      |                                        |



-----------------------
[pic]