RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 February 2005
      DOCKET NUMBER:  AR2004106852


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |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 his record be corrected to show
award of the Purple Heart (PH) and all additional medals that he is
authorized.

2.  The applicant states, in effect, that he was wounded in action, but the
PH is not shown on his DD Form 214 (Report of Separation from Active Duty).

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
31 March 1969.  The application submitted in this case is dated 6 November
2003.

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 3 April 1967.  He completed the training requirements and he was
awarded military occupational specialty (MOS) 11B, Rifleman.

4.  On 28 November 1967, the applicant was assigned to Vietnam.  On
18 December 1967, he was further assigned to Company D, 1st Battalion,
28th Infantry, 1st Infantry Division, Vietnam with duties in MOS 11B.  He
served in Vietnam during Vietnam Counteroffensive Phase III, Vietnam Tet
Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI
campaigns.

5.  On 26 March 1969, the applicant returned to the United States Army
Personnel Center, Oakland, California for administrative separation due to
misconduct.
6.  The applicant's DD Form 214 shows that, on 31 March 1969, he was
separated from active duty with an undesirable discharge and that, on 4
April 1977, his discharge was upgraded to a general discharge under the
Department of Defense Special Discharge Review Program (SDRP).  His DD Form
214 also shows he was awarded the National Defense Service Medal, Vietnam
Service Medal (VSM), Vietnam Campaign Medal and the Vietnam Gallantry Cross
Unit Citation with Palm.  The PH is not shown as an authorized award.


7.  The Vietnam Casualty List shows the applicant is listed as a casualty
on
5 November 1968.

8.  Special Orders Number 93, Headquarters, 1st Brigade, Fort Ord,
California, dated 15 May 1967, awarded the applicant the Marksman
Marksmanship Qualification Badge, M-14 Rifle.

9.  Special Orders Number 121, Headquarters, 3rd Training Brigade, Fort
Gordon, Georgia, dated 8 August 1967, awarded the applicant the Expert
Marksmanship Qualification Badge, M-60 Machine Gun.

10.  Special Orders Number 127, Headquarters, 3rd Training Brigade, Fort
Gordon, dated 16 August 1967, awarded the applicant the Expert Marksmanship
Qualification Badge, M-16 Rifle.

11.  Special Orders Number 37, Headquarters, 1st Infantry Division San
Francisco, California, dated 6 February 1968, awarded the applicant the
Combat Infantryman Badge (CIB).

12.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part, that:

      a.  The Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

      b.  Army Regulation 670-1, in effect at the time, governs the
requirements for the Oversea Service Bar (OSB).  In pertinent part, it
provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States.  There are special provisions regarding
authorization for the OSB for service in a hostile fire zone and for
combining service to calculate award of the bars.  For Vietnam service, one
OSB is authorized for each period of 6 months active Federal service as a
member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.
Both the month of arrival and the month of departure from Vietnam are
counted as a whole months for credit toward the OSB.  The applicant is
authorized two OSB's for the period of service from 28 November 1967 to
26 March 1969.


      c.  A bronze service star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized five bronze service stars to be worn on
the VSM.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show the unit to which the applicant was
assigned was cited for award of the Republic of Vietnam Civil Actions Honor
Medal, First Class for the period of service from October 1965 to 7 April
1970 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty List shows the applicant is listed as a casualty
on
5 November 1968, therefore, it would be appropriate to correct his DD Form
214 to show award of the PH.

2.  The available evidence also shows that it would be appropriate to
correct the applicant's record to show award of the:

      a.  CIB, Marksman Marksmanship Qualification Badge, M-14 Rifle, and
Expert Marksmanship Qualification Badges, M-16 Rifle, and M-60 Machine Gun.


      b.  Five bronze service stars to be worn on the VSM, two OSB's and the
Vietnam Civil Actions Honor Medal, First Class for the period of service
from
28 November 1967 to 26 March 1969.
BOARD VOTE:

__FE____  __JRS___  __LVB___  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 showing the individual was awarded
the:

      a.  PH, CIB, Marksman Marksmanship Qualification Badge, M-14 Rifle,
and Expert Marksmanship Qualification Badges, M-16 Rifle, and M-60 Machine
Gun.


      b.  Five bronze service stars to be worn on the VSM, two OSB's and the
Vietnam Civil Actions Honor Medal, First Class.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106852                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0079                                |
|3.                      |107.0095                                |
|4.                      |107.0111                                |
|5.                      |                                        |
|6.                      |                                        |

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