RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR2004107031


      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          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 Army Commendation Medal,
with "V" Device, be added to his DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge, and that he be awarded the Purple
Heart and, that it also be added to his DD Form 214,

2.  The applicant states, in effect, that these awards are not listed on
his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of the orders
that awarded him the Army Commendation Medal, with "V" Device, and a copy
of the telegram that was sent to his parents when he was wounded in action
in Vietnam, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error, which occurred on
18 December 1969.  The application submitted in this case is dated 5 April
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 2 January 1968.  Following completion of basic combat
training and advanced individual training at Fort Polk, Louisiana, he was
awarded the military occupational specialty (MOS) 11B, Light Weapons
Infantryman.

4.  The applicant was assigned to Vietnam and he arrived there on 6 June
1968.  He was assigned to Company D, 1st Battalion, 26th Infantry Regiment,
1st Infantry Division.  The applicant served in Vietnam until 24 November
1968 when he was assigned to the Medical Holding Detachment, 106th General
Hospital in Japan.  On 9 December 1968, the applicant was medically
evacuated
to the Medical Holding Company, Darnell Army Hospital, Fort Hood, Texas.
He remained assigned to this unit as a patient until 23 January 1969.  On
24 January 1969, he was reassigned to Fort Riley, Kansas, to complete his
active duty service obligation.

5.  The applicant was honorably discharged on 18 December 1969, under the
provisions of Army Regulation (AR) 635-200, at the expiration of his term
of service, in the rank and pay grade of Specialist Four, E-4, with 1 year,
11 months, and 17 days 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 following awards:  the National Defense Service Medal; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Infantryman Badge; the Sharpshooter Marksmanship Qualification Badge, with
Rifle [M-14 Rifle] and Automatic Rifle [M-16 Rifle] Bars; and the First
Class Marksmanship Qualification Badge, with Machinegun Bar [M-60
Machinegun].  The Army Commendation Medal, with "V" Device, and the Purple
Heart are not shown on the applicant's DD Form 214.

7.  The applicant was awarded the Army Commendation Medal, with "V" Device,
for heroism in connection with military operations against a hostile force,
on 13 November 1968, in General Orders Number 1499, published by
Headquarters, 1st Infantry Division, dated 27 February 1969.  This award
was omitted from the applicant's DD Form 214 on his separation from the
Army.

8.  The message that was sent to his parents when he was wounded states,
"The Secretary of the Army has asked me to inform you that your son Private
First Class R*****d M****o was slightly wounded in action in Vietnam on 21
November 1968 as a result of hostile action.  He received a fragment wound
to the head with no eye damage while on a combat operation when hit by a
fragment from a friendly artillery round that was fired at a hostile
force."

9.  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.

10.  The applicant participated in the following three campaigns, during
his tour of duty in Vietnam:  the Vietnam Counteroffensive, Phase IV, which

extended from 2 April through 30 June 1968; the Vietnam Counteroffensive,
Phase V, which extended from 1 July through 1 November 1968; and the
Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968
through 22 February 1969.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, 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.

12.  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.

13.  Department of the Army 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, the 1st
Battalion, 26th Infantry Regiment, 1st Infantry Division, was awarded the,
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 12 July 1965 through 16 October 1968, by Department of the Army
General Orders (DAGO) Number 21, dated 1969; and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, for the period
October 1965 through 7 April 1970, by DAGO 53, dated 1970.

14.  AR 600-8-22 provides, in pertinent part, for award of the Purple Heart
to individuals wounded or killed as a result of “friendly fire” in the
“heat of battle” as long as the “friendly” projectile or agent was released
with the full intent of inflicting damage or destroying enemy troops or
equipment.  Included, as part of the Department of Defense Appropriations
Act for fiscal year 1994, was an amendment to the rules governing award of
the Purple Heart.  While the original rules established that the Purple
Heart would be awarded to individuals killed or wounded as a result of
hostile action the amendment enabled the Secretaries of each department to
award the Purple Heart to members of the armed forces who were killed or
wounded in action by weapon fire, while directly engaged in armed conflict,
other than as the result of an act of an enemy of the United States.  This
ruling, in effect, granted the service Secretaries the authority to award
the Purple
Heart to individuals directly engaged in armed conflict who were killed or
wounded as a result of "friendly fire."

15.  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.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

16.  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 the Army Commendation Medal, with "V" Device.
This award was omitted from his DD Form 214 when he was released from
active duty.  It would be appropriate to add this award to his DD Form 214
at this time.

2.  The evidence shows that the applicant was wounded in action by
"friendly fire" on 21 November 1968.  He is therefore entitled to award of
the Purple Heart and to have it added to his DD Form 214.

3.  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 2 January 1968
through 18 December 1969.

4.  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.

5.  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; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to this DD
Form 214 at this time.

BOARD VOTE:

elp_____  bkk  _____  rjw _____  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.  adding the already-awarded Army Commendation Medal, with "V"
Device to the applicant's DD Form 214;

      b.  awarding the applicant the Purple Heart for wounds he received in
action on 21 November 1968 and adding this award to his DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214; and
      d.  awarding the applicant three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal, to denoted his campaign
participation credit and adding these service stars to his DD Form 214.




                            ____Raymond J. Wagner__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004107031                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050127                                |
|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.  66                  |107.0020                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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