RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 1, 2005
      DOCKET NUMBER:  AR2004105947


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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 the already-awarded Combat
Infantryman Badge; and the Purple Heart, with oak leaf cluster; be added to
his DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge, and that the grade shown on his DD Form 214 be corrected to
Corporal.

2.  The applicant states, in effect, that he is only seeking to have his
military records reflect all the awards, decorations, and the proper rank
that he attained while he was in service.

3.  The applicant provides a copy of his DD Form 214 and a copy of three
orders in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 18 March 1970.  The application submitted in this case is dated
2 March 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 records show that he was inducted into the Army of the
United States on 12 June 1968.  He completed basic combat training at
Fort Knox, Kentucky, and his advanced individual training at Fort Polk,
Louisiana.  After completing all required training, he was awarded the
primary military occupational specialty (MOS) 11B, Light Weapons
Infantryman.

4.  The applicant was assigned to and arrived in Vietnam on 24 March 1969.
He was assigned to H Troop, 17th Cavalry Squadron, 198th Infantry Brigade,
Americal Division.

5.  On 7 July 1969, the applicant was wounded in action in Quang Tri
Province.  On 19 July 1969, he was medically evacuated to the 249th General
Hospital, Japan.  On 5 November 1969, the applicant rejoined his unit and
he remained assigned to this unit until 15 March 1970 when he was returned
to the United States for release from active duty.

6.  The applicant was honorably released from active duty on 17 March 1970,
under the provisions of Army Regulation (AR) 635-200, Early Release of
Overseas Returnees, in the rank and pay grade, Private First Class, E-3.
On his release from active duty, he had 1 year, 9 months, and 7 days active
military service, with no lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the Bronze Star Medal; the National Defense Service Medal; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Marksman
Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle);
the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14
Rifle); the Marksman Marksmanship Qualification Badge, with Machinegun Bar
(M-60 Machinegun); and two overseas service bars.  The Combat Infantryman
Badge; the Bronze Star Medal, with oak leaf cluster; and the Purple Heart,
with oak leaf cluster, are not shown on the applicant's DD Form 214.

8.  The applicant's name appears on the Vietnam Casualty List two times.
This list shows that the applicant was wounded on 20 May and on 7 July
1969.

9.  The applicant was awarded the Purple Heart for wounds he received on
7 July 1969 by General Orders 6261, published by Headquarters, Americal
Division, dated 10 July 1969.

10.  The applicant was awarded the Purple Heart for wounds he received on
21 May 1969 [the correct date is 20 May 1969] by General Orders 1663,
published by Headquarters, Americal Division, dated 19 February 1970.

11.  The Purple Hearts, identified in paragraph nine and paragraph ten
above, were originally omitted from the applicant's DD Form 214 on his
separation from the Army but, a Purple Heart was added by preparation and
distribution of a DD Form 215, Correction to DD Form 214, on 12 April 1991.

12.  The applicant's rank, Private First Class, shown on the applicant's DD
Form 214, was corrected to read, Corporal, on this same DD Form 215, dated
12 April 1991.  Hence, this issue will not be discussed further in these
Proceedings.

13.  The applicant was awarded the Bronze Star Medal, with oak leaf
cluster, for meritorious service in connection with military operations
against a hostile force, for the period March 1969 through March 1970, by
General Orders Number 1336, Headquarters, Americal Division, dated
9 February 1970.  This award is not shown on his DD Form 214.

14.  The applicant was awarded the Combat Infantryman Badge in paragraph
57, Special Orders Number 133, Headquarters, Americal Division, dated 13
May 1969.  This award is not shown on his DD Form 214.

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

16.  The applicant participated in the following three campaigns, during
his tour of duty in Vietnam:  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.

17.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

18.  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.

19.  Department of the Army (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, during his service in Vietnam, H Troop, 17th
Cavalry Squadron 198th Infantry Brigade, Americal Division, 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.

20.  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.

21.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Purple Hearts, in effect, the Purple
Heart with oak leaf cluster, although orders were prepared out of order,
while he served in Vietnam.  These awards were erroneously omitted from his
DD Form 214 when he was released from active duty.

2.  The DD Form 215, prepared on 12 April 1991, to add the Purple Hearts to
the applicant's DD Form 214, is incorrect/incomplete.  This DD Form 215
should have read:  Purple Heart with oak leaf cluster.

3.  The applicant was awarded the Bronze Star Medal, with oak leaf cluster.
 This award was not entered on his DD Form 214 on his separation date.  It
would be appropriate to add this award to his DD Form 214 at this time.

4.  The applicant was awarded the Combat Infantryman Badge.  This award was
omitted from his DD Form 214 on his separation date.  It would be
appropriate to add this award to his DD Form 214 at this time.

5.  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 an 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 12
June 1968 through 18 March 1970.

6.  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.

7.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  He is entitled to this unit award and to have it added to this
DD Form 214 at this time.

BOARD VOTE:

jtm___ __  wtm_____  wdp_____  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 showing (list corrections in this
paragraph, this paragraph with lettered subparagraphs or in a series of
numbered paragraphs).

      a.  adding the already-awarded Purple Hearts to the applicant's DD
Form 214 as the:  Purple Heart, with oak leaf cluster;

      b.  adding the already-awarded Bronze Star Medal, with oak leaf
cluster, to the applicant's DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period
12 June 1968 through 18 March 1970 and adding this award to his DD Form
214;

      d.  adding the already-awarded Combat Infantryman Badge to the
applicant's DD Form 214;
      e.  awarding the applicant three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal to denote his participation in
three campaigns while he served in Vietnam; and


      f.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.





                            ____Walter T. Morrison__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105947                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.157                   |107.0111                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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