RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            DECEMBER 14, 2004
      DOCKET NUMBER:   AR2004104965


      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. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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 hit three times during the
Tet Offensive in Vietnam in 1968.

3.  The applicant provides a copy of his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 25 June 1970.  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 was inducted into the
Army of the United States on 26 June 1968.  He completed his basic combat
training at Fort Campbell, Kentucky, and his advanced individual training
at Fort Lewis, Washington.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11B (Light Weapons
Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 23
November 1968.  He was assigned to Company A, 4th Battalion, 9th Infantry
Regiment, 25th Infantry Division.  The applicant served in Vietnam until 22
November 1969 when he was returned to the United States and assigned at
Fort Hood, Texas, to complete his military service obligation.

5.  The applicant was released from active duty on 25 June 1970, under the
provisions of Army Regulation (AR) 635-200, Expiration of Term of Service,
in the rank and pay grade of Sergeant, E-5, with 2 years active military
service.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the National Defense Service Medal; the Vietnam
Service Medal, with 3 bronze service stars; the Republic of Vietnam
Campaign Medal; the Combat Infantryman Badge; the Air Medal; the Bronze
Star Medal, with oak leaf cluster; the Army Commendation Medal, with "V"
Device; the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14
Rifle]; the Marksman Marksmanship Qualification Badge, with Automatic Rifle
Bar [M-16 Rifle]; and the Marksman Marksmanship Qualification Badge, with
Machinegun Bar [M-60 Machinegun].  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, Enlisted Qualification Record, showing the award of
a Purple Heart to him.  Item 40 (Brief Description of Wounds), of the
applicant's DA Form 20, is blank.

10.  The applicant's conduct and efficiency throughout his enlistment were
consistently rated as, "Excellent."  There is no evidence of the applicant
ever having received non-judicial punishment, of having been subjected to
court-martial, or of having any record of lost time.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with three bronze service stars; however, it does not show the
correct number of bronze service stars to which he is entitled for campaign
participation.

12.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; 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; and the Vietnam
Winter-Spring 1970, which extended from 1 November 1969 through 30 April
1970.
13.  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.

14.  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.

15.  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,
Company A, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 1 September 1968 through 30 September 1970; and
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation.

16.  Army Regulation (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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's service personnel records to
support his allegation that he was wounded as a result of hostile action in
Vietnam, that the wound required medical treatment, and that the medical
treatment was made a matter of official record.  The applicant is therefore
not eligible for award of the Purple Heart.
2.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to him.
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 26 June 1968
through 25 June 1970.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to four bronze service stars, as opposed
to the three bronze service stars, which are presently shown on his
separation document.

4.  The applicant served in a unit, Company A, 4th Battalion, 9th Infantry
Regiment, 25th Infantry Division, which 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, at the time he was
assigned to the unit.  He is therefore entitled to these unit awards and to
have them added to his separation document.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

dja_____  jlp   _____  le  ______  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:
      a.  awarding the applicant the Good Conduct Medal for the period
26 June 1968 through 25 June 1970;

      b.  awarding the applicant one additional bronze service star, for a
total of four, to be affixed to his Vietnam Service Medal, to denote his
participation in four campaigns while he served in Vietnam; and


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding all the above awards to his
DD Form 214.

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
award of the Purple Heart to the applicant.




            ____Jennifer L. Prater____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004104965                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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