RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000417


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, award of the Purple Heart and the
Expert Marksmanship Qualification Badge with Rifle (M14) Bar.

2.  The applicant states, in effect, that he was wounded in action while in
Vietnam, but was not awarded a Purple Heart.  He also states that his
discharge document incorrectly shows that he was awarded the Marksman
Qualification Badge (Rifle M14).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 July 1969, the date he was placed on the Temporary Disability Retired
List.  The application submitted in this case is dated 28 December 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 limitations 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 service record shows that he was inducted into
the U.S. Army on 3 November 1965.  Upon completion of basic combat training
and advanced individual training (AIT), the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service record shows that he was assigned to
the 52nd Security Detachment, with duty with the 57th Aviation Company in
Vietnam, from 4 February 1968 through 11 November 1968.  On 12 November
1968, he was admitted as a patient to the 249th General Hospital as a
result of a gunshot wound and subsequently returned to the United States on
16 December 1968.  He was discharged from the U.S. Army under honorable
conditions and placed on the Temporary Disability Retired List on 2 July
1969 after serving on active duty for a total of 3 years and 8 months.


5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) issued at the time of his discharge, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), that he was awarded the National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Marksman
Badge Rifle (M14) and Pistol (.45) Bars, and one Overseas Service Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 20
January 1968 through 15 December 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
III and TET Counteroffensive campaigns.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on The Adjutants General, Casualty
Division's, Vietnam Casualty Roster.

8.  The applicant's record contains a copy of a message from the Commanding
General, U.S. Army Vietnam, date-time group 122346Z November 1968, which
shows the applicant was reported to have received a gunshot wound to the
right lower leg resulting in surgical amputation below the knee.  This
document also shows that the applicant was shot while sleeping in the
barracks, while another Soldier was cleaning his weapon, when a round
accidentally discharged from the weapon and wounded the applicant.

9.  The applicant's record also contains a DD Form 261 (Report of
Investigation - Line of Duty and Misconduct Status) which shows a formal
investigation was conducted concerning the applicant's injury.  This
document substantiates the information reported in the initial casualty
message and, on 23 May 1969, it was held by the Department of the Army that
the injury was incurred as, "In Line Of Duty - Not Due To Misconduct", By
Order of the Secretary of the Army.

10.  The applicant's record contains a copy of Headquarters, Fort Polk,
Louisiana, Special Orders Number 308, dated 17 December 1965, which shows
that he was awarded the Expert Marksmanship Qualification Badge with Rifle
(M14) Bar.

11.  The applicant provides no documentary evidence in support of his
claim.
12.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  The applicant's record contains a copy of Headquarters, 1st AIT
Brigade, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special
Orders Number 39, dated 25 February 1965, which shows that he was awarded
the Marksman Marksmanship Qualification Badge with Machine Gun (M60) Bar.

14.  The applicant's record contains a copy of Headquarters, 57th Assault
Helicopter Company (Vietnam), Unit Orders Number 10, dated 25 March 1968,
which shows that he received punishment under the provisions of the Uniform
Code of Military Justice (UCMJ), Article 15, for misconduct, which resulted
in the detention of $68.00 pay for one month.

15.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  However, the
applicant's DA Form 20, Item 38 (Record of Assignments), shows that he
received conduct and efficiency ratings of “excellent” throughout his
service.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to the 52nd Security Detachment in Vietnam, the unit was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 8, 1974.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in five campaigns during his service in Vietnam.
 This document shows that the applicant participated in the Vietnam
Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive
Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive
Phase VI.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.



19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign and a silver service star is authorized in lieu of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
and Expert Marksmanship Qualification Badge with Rifle (M14) Bar.

2.  The applicant further contends, in effect, that he was wounded in
action while in Vietnam, but did not receive the Purple Heart.  However,
the applicant provides no evidence to support his assertion.


3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  However, evidence of
record does show that the applicant was wounded while in Vietnam as the
result of the accidental discharge of a round from another Soldier's
weapon.  Paragraph 2-8 (Purple Heart) of Army Regulation 600-8-22, outlines
several examples of injuries or wounds which clearly do not qualify for
award of the Purple Heart, and provides the following pertinent example,
"Accidents, to include explosive, aircraft, vehicular, and other accidental
wounding not related to or caused by enemy action."  The applicant's only
injury that is documented in his service record was determined to be an
accident caused by a fellow Soldier; not by hostile enemy action.
Therefore, there is insufficient evidence upon which to base award of the
Purple Heart in this case.

4.  Special Orders awarded the applicant the Expert Qualification Badge
with Rifle (M14) Bar.  Therefore, it would be appropriate to correct his
records to show this badge.

5.  Special Orders awarded the applicant the Marksman Qualification Badge
with Machine Gun (M60) Bar.  Therefore, it would be appropriate to correct
his records to show this badge.

6.  Although the applicant's record documents an incident of misconduct for
which he received nonjudicial punishment during the qualifying period, the
applicant's record is absent any evidence that he was disqualified for
award of the Good Conduct Medal by his commander.  Moreover, evidence of
records show that the applicant received conduct and efficiency ratings of
“excellent” throughout his service.  Consequently, the applicant is
eligible for the first award of the Good Conduct Medal for the period 3
November 1965 through
2 November 1968 based upon completion of a three-year period of qualifying
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  Records show that the applicant served in five campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
silver service star to be affixed to his Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 July 1972.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is not statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TSK __  ___PHM_  __CAK__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 showing award of the
Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar,
Marksman Marksmanship Qualification Badge with Machine Gun Bar, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal
with 1 silver service star.

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.




                            ____TED S. KANAMINE____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000417                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690702                                |
|DISCHARGE AUTHORITY     |AR 635-40; 10 USC 1202                  |
|DISCHARGE REASON        |Temporary Disability Retired List       |
|BOARD DECISION          |GRANT - PARTIAL                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0108.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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