RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      27 October 2005
      DOCKET NUMBER:  AR20050000555


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that the Purple Heart was not included
on his DD Form 214.  He had shrapnel wounds and ear damage.  All his
personal papers were destroyed in a house fire.

3.  The applicant provided no documentary evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 24 December 1971.  The application submitted in this case is
dated 28 December 2004 but, the application was received for processing
on 10 January 2005.

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 was inducted into the
Army of the United States on 5 November 1964.  He completed his basic
combat and his advanced individual training at Fort Gordon, Georgia.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11C, Indirect Fire Infantryman.

4.  The applicant was assigned to Hawaii and he served there from 13
April 1965 through 4 January 1966.  He was then assigned to Vietnam and
he arrived there on 5 January 1966.  He was assigned to Troop B, 3rd
Squadron, 4th Cavalry Regiment, 25th Infantry Division.  The applicant
served with this unit until 11 October 1966 when he was reassigned to the
United States for release from active duty.

5.  The applicant was released from active duty on 12 October 1966, under
the provisions of AR 635-200, Early Separation of Overseas Returnee, in the
rank and pay grade of Specialist Four, E-4, with 1 year, 11 months, and 8
days active military service.
6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he
was awarded:  the Good Conduct Medal; the Bronze Star Medal; the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal, the Combat Infantryman Badge, and one overseas service bar.
The Purple Heart is not shown among his awards.

7.  The Bronze Star Medal shown on the applicant's DD Form 214 was shown
incorrectly.  The applicant was awarded the Bronze Star Medal, with "V"
Device, in General Orders 92, 2nd Brigade Task Force, 25th Infantry
Division, on 19 August 1966.

8.  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 his campaign participation.

9.  While in Vietnam this tour, the applicant participated in the following
two campaigns:  the Vietnam Counteroffensive, which extended from 25
December 1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase
II, which extended from 1 July 1966 through 31 May 1967.

10.  After a short break in service, the applicant enlisted on 20 October
1966, for 6 years, in the Regular Army.

11.  The applicant was assigned to the US Army Europe for duty with the 8th
Infantry Division.  The applicant volunteered for duty in Vietnam.  On 7
August 1968, he was reassigned from Germany to the Republic of Vietnam.  He
was ordered to arrive at the US Army Overseas Replacement Station, Oakland
Army Base, Oakland, California, on 16 August 1968 but, he did not arrive
there until 22 October 1968.

12.  The applicant arrived in Vietnam on 26 October 1968.  He was assigned
to the Company E, 2nd Battalion, 501st Airborne Infantry, 101st Airborne
Division.  The applicant remained assign to this unit until 19 October 1969
when he completed his overseas tour of duty.  The applicant was reassigned
to Fort Hood, Texas, for duty.  On the applicant's return to the United
States, he was diverted and reassigned instead to Fort Dix, New Jersey.

13.  During this tour in Vietnam, the applicant participated in four
campaigns.  These campaigns were:  the Vietnam Counteroffensive, Phase V,
which extended from 1 July through 1 November 1968; the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through 22
February 1969; the Tet 69 Counteroffensive, which extended from 23
February through 8 June 1969; and the Vietnam Summer-Fall 1969, which
extended from 9 June through 31 October 1969.

14.  On 27 February 1970, the applicant was placed on orders to Germany
with a reporting date of 26 March 1970.  In Germany he was assigned to
Company B, 1st Battalion, 4th Infantry, 3rd Infantry Division.  He served
with this unit and on 20 August 1970, he was reassigned to Vietnam for duty
with the US Army Military Assistance Command, Vietnam (USAMACV).

15.  The applicant arrived in Vietnam on 4 November 1970.  He was assigned
to the US Army Advisory Group MR2, USAMACV for duty as a security guard in
the MOS 11B.  The applicant remained with this unit until 23 December 1971
when he was returned to the United States on reassignment.

16.  During this tour in Vietnam, the applicant participated in three
campaigns.  These campaigns were:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; the Consolidation I,
which extended from 1 July through 30 November 1971; and the Consolidation
II, which extended from 1 December 1971 through 29 March 1972.

17.  On his arrival at the US Army Personnel Center, Oakland, California,
the applicant accepted a voluntary release from active duty under the
provisions of chapter 5, paragraph 5-3 and HQDA Message 102035Z December
1971, Phasedown Release Programs.

18.  The applicant was released from active duty on 24 December 1971 in the
rank and pay grade of Private, E-2, with a total of 7 years and 9 days
active military service.

19.  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 Army Commendation Medal; the National
Defense Service Medal; the Vietnam Service Medal, with two bronze service
stars; and the Republic of Vietnam Campaign Medal, with '60 Device.  The
Purple Heart is not shown among his awards.

20.  Item 40 (Wounds), of the applicant's DA Forms 20, Enlisted
Qualification Record, is blank.  There is no entry in Item 41 (Awards and
Decorations), of the DA Forms 20, to indicate that he was awarded the
Purple Heart.  There are no orders in the applicant's military personnel
record awarding him the Purple Heart; but, the applicant's name does appear
on the Vietnam Casualty List.
21.  The Vietnam Casualty List shows that the applicant was wounded in
action on 13 May 1969.  In the casualty report, he was listed as, "wounded
by hostile action – not serious enough for hospital."  This is consistent
with the statement that the applicant now submits; that he received
shrapnel wounds.

22.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with ground operations against a hostile force, in
General Orders 9437, published by Headquarters, 101st Airborne Division, on
23 July 1969.  The applicant had already been awarded a Bronze Star Medal,
with "V" Device, during his first tour of duty in Vietnam.  The award order
should have read, "the Bronze Star Medal, with oak leaf cluster and with
"V" Device."

23.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 47, Special Orders 1,
published by Headquarters, 1st Training Brigade, US Army Training Center,
Infantry, Fort Gordon, Georgia, on 4 January 1965.

24.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Mortar Bar, in paragraph 3, Special Orders 38, published by
Headquarters, 3rd Training Regiment, US Army Training Center, Infantry,
Fort Gordon, Georgia, on 19 March 1965.

25.  The applicant's three tours of duty in Vietnam (from 5 January 1966
through 11 October 1966; 26 October 1968 through 19 October 1969; and
from 4 November 1970 through 23 December 1971) total over 34 months and
earned him five overseas service bars.

26.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

27.  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,
Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period March 1966 through August 1968, by Department of the Army General
Order (DAGO) Number 48, dated 1971 and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 15 March
1966 through 21 January 1970, by DAGO 51, dated 1971.  The applicant
served with this unit at the time it was cited for these unit awards.  He
is therefore entitled to these unit awards and to have them shown to his
DD Form 214.  These unit awards are not shown on the applicant's DD Form
214.

28.  DA Pamphlet 672-3 also shows that Company E, 2nd Battalion, 501st
Airborne Infantry, 101st Airborne Division, was awarded the Presidential
Unit Citation, for the period 10 through 21 May 1969, by DAGO 16, dated
1972; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 19 April through 15 August 1968, by DAGO Number 21, dated
1969 and for the period 15 August 1968 through 14 May 1969, by DAGO 43,
dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 18 March 1968 through 2 May 1970, by
DAGO 48, dated 1971.  The applicant is entitled to these unit awards.

29.  The applicant's unit, the US Army Advisory Group MR2, a subordinate
unit of the United States Army Military Assistance Command, Vietnam, was
cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 8 February 1962 through 28 March 1973, in DAGO
Number 8, dated 1974.  The applicant is entitled to this unit award.

30.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

31.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

32.  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.

33.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided 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.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action
on 13 May 1969 as a result of enemy action.  He is listed on the Vietnam
Casualty Listing as having required medical treatment but the wounds he
sustained were not serious enough to cause him to be hospitalized.  The
applicant is therefore entitled to award of the Purple Heart and to have it
shown on his DD Form 214 with an effective date of 24 December 1971.

2.  The evidence shows that the applicant was awarded the Bronze Star
Medal, with "V" Device.  This award was incorrectly entered on the
applicant's DD Form 214 with an effective date of 12 October 1966 when he
was released from active duty during his first period of active duty
service.  The applicant is entitled to a correction, to be made on his last
issued DD Form 214, dated 24 December 1971, to show this award correctly.

3.  The applicant was later awarded the Bronze Star Medal for meritorious
service.  General Orders that were published incorrectly identified this
award.  It should appropriately have been identified as the Bronze Star
Medal, with oak leaf cluster and with "V" Device.  The applicant is
entitled to a correction to show this award correctly on his DD Form 214,
with an effective date of 24 December 1971.

4.  The applicant participated in nine campaigns during his three tours of
duty in Vietnam.  He is therefore entitled to award of one silver service
star and four bronze service stars to be affixed to his already-awarded
Vietnam Service Medal to denote his correct campaign participation credit
and, to have them shown on his DD Form 214 with an effective date of 24
December 1971.

5.  The applicant served in units that were awarded the Presidential Unit
Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation
(four awards), and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation (two awards).  He is entitled to these unit awards and
to have them shown on his DD Form 214 with an effective date of 24 December
1971.

6.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar and the Expert Marksmanship Qualification Badge, with
Mortar Bar.  The qualification badges are not shown on his DD Form 214.  He
is entitled to have these badges shown on his DD Form 214 with an effective
date of 24 December 1971.

7.  The applicant served for a combined period of 34 months in Vietnam
during his three tours of duty there.  He is therefore entitled to award of
five overseas service bars and to have these added to his DD Form 214 with
an effective date of 24 December 1971.

BOARD VOTE:

__ALR___  __MM___  __LDS__  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 making all correction on the
applicant's last issued DD Form 214, dated 24 December 1971 as follows:

      a. deleting the incorrectly identified Bronze Star Medal from the
applicant's DD Form 214;

      b.  deleting the Vietnam Service Medal, with two bronze service
stars, from the applicant's DD Form 214;

      c.  awarding the applicant the Purple Heart for wounds sustained in
Vietnam, on 13 May 1969 and, adding this award to the applicant's DD Form
214;

      d.  adding the already-awarded Bronze Star Medal, with "V" Device,
and the Bronze Star Medal, awarded to the applicant for meritorious
service, to his DD Form 214 as:  the Bronze Star Medal, with oak leaf
cluster and with "V" Device;

      e.  awarding the applicant one silver service star and four bronze
service stars to be affixed to his Vietnam Service Medal, to denote his
participation in three campaigns while he served in Vietnam, and to be
shown on his DD Form 214 as the Vietnam Service Medal, with one silver and
four bronze service stars;


      f.  awarding the applicant the Presidential Unit Citation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (four
awards), and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation (two awards), and adding these unit awards to his DD
Form 214.

      g.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, and the Expert Marksmanship
Qualification Badge, with Mortar Bar to the applicant's DD Form 214; and

      h.  awarding the applicant five overseas service bars and adding
these overseas service bars to the applicant's DD Form 214.




                            __  _Melvin H. Meyer
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000555                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/27                              |
|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.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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