RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                DECEMBER 2, 2004
      DOCKET NUMBER:        AR2004106264


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 while serving with
the 199th Infantry Brigade in Vietnam during the period from 1968 to 1969.
He received medical treatment at Base Camp Frenzell Jones.

3.  The applicant provided no documentary evidence to support his request
for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 19 August 1970.  The application submitted in this case is
dated 13 January 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 20 August 1968.  He completed his basic combat
training at Fort Bliss, Texas, and his advanced individual training at Fort
Ord, California.  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 11
January 1969.  He was assigned to Company D, 3rd Battalion, 7th Infantry
Regiment, 199th Infantry Brigade.  The applicant served in Vietnam until 10
January 1970 when he was returned to the United States and assigned at Fort
Knox, Kentucky, to complete his military service obligation.

5.  The applicant was released from active duty on 19 August 1970, under
the provisions of Army Regulation (AR) 635-200, at the expiration of his
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 his DD Form 214, shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Air
Medal, and the Expert Marksmanship Qualification Badge, with Rifle Bar.
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 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 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 to the applicant.
 Item 40 (Brief Description of Wounds), of the applicant's DA Form 20, is
blank.

10.  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.

11.  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; theTet 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.

12.  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.

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 D, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 19 June 1968 through 31 July 1970, by Department
of the Army General Orders (DAGO) 51, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 12 December 1966 through 31 August 1970, by DAGO 51, dated 1971.

16.  The applicant was awarded the Combat Infantryman Badge by Special
Orders 89, Paragraph 35, published by Headquarters, 199th Infantry Brigade,
on 30 March 1969.  This award is not shown in Item 24, of the applicant's
DD Form 214.

17.  The applicant underwent a separation physical examination on 9 July
1970.  The applicant responded "Yes" to question 33, Standard Form (SF) 89,
Report of Medical History.  "Have you ever had any illness or injury other
than those already noted?  (If yes, specify when, where and give details.)"
 In the space provided, the applicant wrote, "wounded by frag from a
grenade in September at Camp Frenzell Jones, South Vietnam; near left eye."
 The examining physician entered in Item 39 (Physician's Summary and
Elaboration of All Pertinent Data), "33.  Noted.  No sequela."
18.  A copy of the SF 88, Report of Medical Examination, which normally
accompanies the SF 89, is not available for review and for the
corroboration of
the applicant's statement about his being wounded in Vietnam.  On 2
November 1976, the applicant, in conjunction with his application for
employment, authorized the release of this medical record to the United
Parcel Service, San Antonio, Texas.

19.  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.  Absent documents (such as the SF 89, which was completed for the
applicant when he underwent his separation physical examination, or medical
treatment records that were completed when he received medical treatment in
the field, when wounded) to corroborate the statements which were made by
the applicant and the examining physician on the applicant's SF 88 during
his separation physical examination, there is insufficient evidence upon
which to base award of the Purple Heart to the applicant at this time.

2.  The applicant was awarded the Combat Infantryman Badge.  This badge is
not shown on the applicant's DD Form 214 and it would be appropriate to add
it to this document at this time.

3.  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
20 August 1968 through 19 August 1970.

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

5.  The applicant served in a unit at the time the unit was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citations, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.
He is therefore entitled to these unit awards and to have them added to his
separation document.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 August 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 August 1973.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

teo _____  rjw  _____  lvb   ____  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.  adding the already-awarded Combat Infantryman Badge to the
applicant's DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period
20 August 1968 through 19 August 1970;

      c.  awarding the applicant four bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in four campaigns
while he served in Vietnam; and


      d.  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 at this time.




            ___Raymond J. Wagner____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004106264                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|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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