RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             DECEMBER 14, 2004
      DOCKET NUMBER:    AR2004105271


      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 wounded in action in
September 1970.  He had shrapnel wounds to the left ankle and knee and, he
never received the Purple Heart for this incident.

3.  The applicant provides a copy of his DD Form 214, Report of Separation
from Active Duty, and a statement of support from his former platoon leader
and from a former tank section leader.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged injustice, which
occurred on 21 May 1976.  The application submitted in this case is dated
23 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 records show that he enlisted in the Regular
Army for 3 years on 16 May 1968.  He completed his basic combat training at
Fort Bliss, Texas, and his advanced individual training at Fort Knox,
Kentucky.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11E (Armor Crewman).

4.  The applicant was assigned to Vietnam and he arrived there on 20 August
1968.  He was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment.

5.  In May 1970, the applicant was discharged for the convenience of the
government to immediately reenlist.  On 20 May 1970, the applicant
reenlisted for 6 years.  The applicant served in Vietnam until 27 March
1971 when he was returned to Fort Riley, Kansas, at the completion of his
extended overseas tour of duty in Vietnam and to complete his military
service obligation.
6.  The applicant was discharged on 21 May 1976, under the provisions of
Army Regulation (AR) 635-200, at the completion of required active service,
in the rank and pay grade of Sergeant, E-5, with a combined total of 8
years and 2 days active military service.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the following awards:  the National Defense Service Medal; the
Vietnam Service Medal, with four bronze service stars; the Vietnam Campaign
Medal, with '60 Device; the Combat Infantryman Badge; the Army Commendation
Medal; the Bronze Star Medal; the Good Conduct Medal, with two loops; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The Purple
Heart is not shown among these awards.

8.  The applicant's name does not appear on the Vietnam Casualty List and
there are no documents related to any medical treatment that he might have
received while in Vietnam.

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

10.  There is no entry in Item 9 (Awards, Decorations and Campaigns), of
the applicant's DA Form 2-1, Personnel Qualification Record, Part II,
showing award of the Purple Heart to him.  There is no entry in Item 4
(Assignment Considerations), of the applicant's DA Form 2-1, to show wounds
or injury he received because of hostile or enemy action that resulted in
medical treatment or hospitalization.

11.  The applicant's former platoon leader, a Municipal Judge in the
Roxbury Township Municipal Court, Ledgewood, New Jersey, states that the
applicant was wounded as they were proceeding through the city of Tam Ky
heading south to Chu Lai.  As they were going, a fragmentation grenade was
thrown at their armored cavalry vehicles.  The grenade exploded adjacent to
a vehicle on which
the applicant was riding.  He was wounded in the joint area of the left
ankle and in his upper left leg by the knee and groin area.  The platoon
leader alleges that the applicant was provided medical treatment at the
squadron aid station on their arrival in Chu Lai.

12.  The tank section leader states that he affirms that the applicant was
wounded in September 1970 and that he was wounded in the area of his left
ankle and knee and in the area of his groin.  The attack, he alleges, took
place in a very populated area when they were on a road march back to their
base camp.  On their return to their base camp, the applicant was taken to
the aid station, was treated for his wounds, and was returned to the troop
area.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of service star(s) to
which the applicant is entitled for campaign participation.

14.  While in Vietnam, the applicant participated in the following five
campaigns:  the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968; 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.

15.  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.

16.  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,
Troop C 1st Squadron, 1st Cavalry, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 24 August through
31 December 1969 and for the period 31 March 1969 through 30 January 1970,
by Department
of the Army General Order (DAGO) 42, dated 1972.  These unit awards are not
shown on his DD Form 214.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

18.  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 thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate award orders and documentary medical
evidence that the applicant was treated for his wounds, the statements made
by the applicant's former platoon leader and the tank section leader are
highly credible.  The facts presented in these statements contain
essentially the same details and are in balance, one with the other.  Each
statement indicates that the applicant was wounded in action against a
hostile armed enemy in September 1970 and that his wounds required medical
treatment.  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 tour of duty in
Vietnam.  The Vietnam Service Medal, with four bronze service stars, is
shown on his DD Form 214.  He is therefore entitled to award of one
additional bronze service star, for a total of five bronze service stars,
to denote his campaign participation credit.  In lieu of five bronze
service stars, the Vietnam Service Medal will be shown with one silver
service star on his separation document.

3.  The applicant served in a unit, which was awarded two overlapping
Republic of Vietnam Gallantry Cross, with Palm, Unit Citations; however, in
accordance
with the applicable regulation, only one unit citation can be shown on his
DD Form 214.

BOARD VOTE:

dja___  __  jlp__  ___  le_ _____  GRANT FULL 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 he sustained
as a result of enemy action in September 1970 in the Republic of Vietnam;

      b.  showing that the applicant was awarded the Vietnam Service Medal,
with one silver service star, in lieu of the Vietnam Service Medal, with
four bronze service stars, to denote his participation in five campaigns
while he served in Vietnam; and


      c.  by showing that the applicant was awarded the Republic of Vietnam
Gallantry Cross, with Palm Unit Citation and, adding these awards to his
DD Form 214.




            ____Jennifer L. Prater____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105271                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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