RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000722


      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 award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded a Purple Heart for
wounds he sustained in December 1969 while serving in Vietnam; however, his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) does not show the award.

3.  The applicant provides a copy of his DD Form 214; Purple Heart
Certificate; and Department of Veterans Affairs, Statement of the Case,
dated 3 December 2004 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 March 1971, the date of his separation from active duty.
The application submitted in this case is dated 5 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 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 16 June 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons, Infantry).

4.  The applicant's military service record shows that he was assigned to
Company C, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade,
23rd Infantry (Americal) Division in Vietnam, from 20 November 1969 through
19 October 1970.  He was separated from the U.S. Army under honorable
conditions on 19 March 1971 after serving on active duty for a total of 1
year,
9 months, and 5 days.


5.  The applicant's DD Form 214, issued at the time of his separation,
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 with 2 bronze service stars,
Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Bronze
Star Medal, Army Commendation Medal, Sharpshooter Marksmanship
Qualification Badge with (M14) Rifle Bar, and 2 Overseas Service Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows he served in the Republic of Vietnam from 5
November 1969 through 25 October 1970.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Winter-Spring 1970
campaign and an unnamed campaign.

7.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart and his DA Form 20 does not list
the Purple Heart in Item 41 (Awards and Decorations).  However, Item 40
(Wounds) of the DA Form 20 contains the entry, "Superficial FW(R) Thigh, 20
Dec 69."  In addition, the applicant's name is listed on The Adjutant
General Casualty Division's, Vietnam Casualty Roster, as Master Casualty
Number 67513, showing the applicant as being wounded in action on 20
December 1969 as a result of hostile action.

8.  The applicant provides a copy of his DD Form 214; Purple Heart
Certificate; and Department of Veterans Affairs (VA), Statement of the
Case, in support of his application.  The Purple Heart Certificate shows
that the applicant was awarded the Purple Heart for wounds received in
action on 19 December 1969 in the Republic of Vietnam.  The document was
issued on 22 December 1969 and signed by the major in command of the 27th
Surgical Hospital.  The VA Statement of the Case the applicant provides
lists as an issue, "Increased evaluation of a residual scar due to a shell
fragment wound of the right thigh with retained foreign body currently
evaluated as 0 percent disabling", along with the decision to deny.

9.  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.

10.  The applicant's record contains a copy of Headquarters, Americal
Division (Vietnam), General Orders Number 8738, dated 7 July 1970, which
shows that he was awarded the Bronze Star Medal with "V" Device for heroism
in connection with ground operations against a hostile force in the
Republic of Vietnam on 21 May 1970.
11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

12.  The applicant's record contains a copy of Headquarters, U.S. Army
Training Center, Infantry and Fort Dix, Fort Dix, New Jersey, Special
Orders Number 220, dated 8 August 1969, which shows that he was awarded the
Sharpshooter Qualification Badge with Rifle (M14) Bar, Marksman
Qualification Badge with Rifle (M16) Bar, and Expert Qualification Badge
with Grenade Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam
Counteroffensive, Phase VII.

14.  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 shows that, at the time of the
applicant's assignment to Company C, 5th Battalion, 46th Infantry Regiment
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 42, 1972, as amended by Department of the Army, General
Orders Number 11, 1973.

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  This document also provides, in pertinent part,
that the bronze “V” device indicates acts of heroism involving conflict
with an armed enemy and authorizes the bronze “V” device in conjunction
with award of the Bronze Star Medal.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.


17.  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.

18.  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.

19.  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 service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

20.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends, in effect, that he was awarded a Purple Heart
after being wounded in Vietnam in December 1969.  The applicant provides a
copy of a Purple Heart Certificate issued by the hospital command, which
supports his claim.

3.  Evidence of record shows that the applicant was wounded in Vietnam as a
result of hostile action on 20 December 1969.  In addition, the applicant
was treated for his wounds and awarded a Purple Heart Certificate by the
commander of the 27th Surgical Hospital.  Therefore, the applicant is
entitled to correction of his military service records to show award of the
Purple Heart.

4.  General Orders awarded the applicant the Bronze Star Medal with "V"
Device. Therefore, it would be appropriate to correct his records to show
this award.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 16 June 1969 through 19 March 1971 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

6.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Grenade Bar.  Therefore, it would be appropriate
to correct his records to show this badge.

7.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

8.  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.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
18 March 1974.  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:

__TSK __  ___PHM_  __CAK__  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.  awarding the applicant the Purple Heart for wounds received in
action on 20 December 1969;

      b.  awarding the applicant the Good Conduct Medal for the period
16 June 1969 through 19 March 1971;

      c.  correcting his DD Form 214 to delete the Bronze Star Medal and
Vietnam Service Medal w/ 2 Bronze Stars; and

      d.  correcting his DD Form 214 to add the Purple Heart, Bronze Star
Medal with "V" Device, Good Conduct Medal, Vietnam Service Medal with
3 bronze service stars, Expert Marksmanship Qualification Badge with
Grenade Bar, and Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                            ____TED S. KANAMINE____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000722                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710319                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Early Release to Attend School          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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