RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            DECEMBER 16, 2004
      DOCKET NUMBER:   AR2004104617


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth B. Love              |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 stated, in an earlier application for the same award,
which was misdirected to the National Personnel Records Center, that he was
running to the closest bunker for cover and was hit by a fragment from a
mortar round.  He stated that the DA Form 8-275-3, Clinical Record Cover
Sheet, dated 25 August 1968 is incorrect in that it states that he
accidentally fell and not, in effect, that he was hit in his right leg and
foot.  These wounds did not heal properly so he was hospitalized and
medically evacuated from Vietnam to the States.

3.  The applicant provides no documentary evidence with his application to
this Board to support his request for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 17 January 1969.  The application submitted in this case is
dated 26 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 shows that he enlisted for 3 years in
the Regular Army on 14 March 1967.  He completed his basic combat training
at Fort Bliss, Texas, and his advanced individual training at Fort Leonard
Wood, Missouri.  After completing all required training, he was awarded the
military occupational specialty (MOS), 62F (Crane Shovel Operator).

4.  The applicant was assigned to Vietnam and he arrived there on 22 April
1968.  He was assigned to the 565th Transportation Company (Terminal
Service), 4th Transportation Terminal Command.  The applicant served in
Vietnam until 27 September 1968 when he was medically evacuated to the
United States in a patient status.

5.  The applicant was released from active duty on 17 January 1969, under
the provisions of Army Regulation (AR) 635-200, for Hardship, in the rank
and pay grade of Private First Class, E-3, with 1 year, 10 months, and 4
days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he
was awarded the National Defense Service Medal; the Vietnam Service Medal;
the Republic of Vietnam Campaign Medal; the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-14 Rifle]; and two overseas service
bars.  The Purple Heart is not shown among his awards.

7.  The applicant's name does not appear on the Vietnam Casualty List.

8.  There are no orders in the applicant's service personnel records
awarding him the Purple Heart.  A search of the general orders database
maintained by the Awards Branch, Human Resources Command, was made for
orders awarding the applicant the Purple Heart; however, no orders were
found.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing award of the Purple Heart.  Item 40 (Brief
Description of Wounds), of the applicant's DA Form 20, is blank.

10.  The DA Form 8-275-3, Clinical Record Cover Sheet, dated 25 August
1968, which the applicant had earlier submitted to the National Personnel
Records Center, and which was also available in the applicant's service
personnel records, states, in Item 23 (Diagnosis), that the applicant
sustained a laceration to the lower leg while running to a bunker and
accidentally fell during a mortar attack at approximately 0015 hours, 25
August 1968, in the company area.  Item 25 (Selected Administrative Data)
shows the entry, "PH (Purple Heart): Not awarded this station."

11.  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 campaign participation.

12.  While in Vietnam, the applicant participated in the following three
campaigns:  the Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; and the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through 22
February 1969.

13.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline
while he served on active duty.  The applicant was not awarded the Good
Conduct Medal, it appears, more as a result of administrative oversight
rather than something that the applicant did to disqualify himself from
this award.  He is therefore eligible for award of the Good Conduct Medal
for the period 14 March 1967 through 17 January 1969.

14.  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.

15.  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 the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

16.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

17.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to, the
565th Transportation Company (Terminal Service), 4th Transportation
Terminal Command, a subordinated unit of the US Army Vietnam, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 20 July 1965 to 28 March 1973, by Department of the Army General
Orders 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant received a laceration
to the right leg on 25 August 1968 when he accidentally fell while running
to the nearest bunker for cover.  The applicant's fall was directly related
to incoming mortar rounds being directed by the enemy towards American
forces with the intent of injuring or killing them.  The applicant's wound
required treatment and the medical treatment was made a matter of official
record.  He is therefore eligible for award of the Purple Heart and to have
it added to his DD Form 214.

2.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There is no entry in Item 42 (Remarks), on his DA Form 20,
indicating that he was ever disqualified from award of the Good Conduct
Medal by any of his unit commanders.  It appears that the failure to award
this Soldier the Good Conduct Medal was an administrative oversight and not
related to anything he did to disqualify himself from this award;
therefore, he is entitled to award of the Good Conduct Medal for the period
14 Mar 1967 through 17 January 1969.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

4.  The applicant served in a unit, the 565th Transportation Company, 4th
Transportation Terminal Command, a subordinate unit of the US Army Vietnam,
which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  He is therefore entitled to this unit award and to have it added
to his separation document.

BOARD VOTE:

ym______  rjw _____  mbl    ___  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 a wound sustained in
a mortar attack on 25 August 1968;

      b.  awarding the applicant the Good Conduct Medal for the period
14 March 1967 through 17 January 1969;

      c.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, to be shown on his DD Form 214 as the Vietnam
Service Medal, with three bronze service stars; and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation and adding all the above awards to his DD Form
214.




            ___Yolanda Maldonado___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004104617                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  65                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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