RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050001093


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states that he was wounded by shrapnel in his right foot
while servicing in Vietnam.   He also states that upon leaving Vietnam he
received medical treatment at the USPHS (United States Public Health
Service) hospital in New Orleans.

3.  The applicant provides a copy of his DD Form 214, and a copy of a
Legislative Action Center letter dated 20 September 2000.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 March 1971, that date of his separation from active duty.
The application submitted in this case is dated 16 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 records show that he entered active duty on 25
March 1968.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 70A (Company Clerk).  He served in Vietnam from 20 August 1968
through 19 August 1969 as a member of Headquarters and Headquarters
Company, 2nd Battalion, 27th Infantry, and as a member of Company A, 2nd
Battalion, 27th Infantry.  On 8 May 1970, he was transferred to the Army
Reserve as a specialist five with an honorable characterization of service.

4.  The applicant's DD Form 214 does not show award of the Purple Heart.

5.  There are no orders in the applicant's service personnel records which
show that he was awarded the Purple Heart.  His DA Form 20 (Enlisted
Qualification Record) does not show any entry in item 40 (Wounds) and does
not list the Purple Heart in item 41 (Awards and Decorations).

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  A Clinical Record found in the applicant's record shows that he
received medical care for an infected foot on 12 September 1969 and 15
September 1969.

8.  Army Regulation 600-8-22 (Military Awards) 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 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.

9.  Review of the applicant's personnel records indicate he is entitled to
additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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.  The regulation states that, after 27 June 1950 to the
present time, the current standard for award of the Army 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 Army Good Conduct Medal, disqualification must be
justified.

12.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
received credit for participation in the Vietnam Counteroffensive, Phase V,
Vietnam Counteroffensive, Phase IV and TET 69 Counteroffensive.





13.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.

14.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the
military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he also participated in
the following additional campaign: Vietnam Summer-Fall 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The applicant's DD Form 214, which was authenticated in his own hand at
the time of his separation from the service, does not show the Purple Heart
as an authorized award.

3.  There are no orders in the applicant's service personnel records, which
show that he was awarded the Purple Heart.

4.  The applicant's records show he received medical treatment for an
infected foot, but there is no evidence and the applicant has not provided
evidence that he was treated for wounds sustained as a result of hostile
action.

5.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds as a result of hostile action,
there is not a sufficient basis for correction of his record to show award
of the Purple Heart.

6.  The applicant was separated on 18 March 1971 with 2 years, 11 months,
and 24 days of active service.  The applicant distinguished himself by his
excellent conduct and efficiency ratings, his promotion to specialist five
and his service in a combat zone.  Therefore, he should be awarded the Army
Good Conduct Medal for the period 25 March 1968 through 18 March 1971 based
on completion of a period of qualifying service ending with termination of
a period of Federal military service.

7.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam.
Therefore, the applicant should be awarded the Vietnam Service Medal with
four bronze service stars and his DD Form 214 corrected to show this award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 March 1971.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on           17 March 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___lcb __  __mdm __  ___cd ___ 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:

      a.  awarding the Army Good Conduct Medal for the period 25 March 1968
through 18 March 1971;

      b.  adding four additional bronze service stars to the already
awarded Vietnam Service Medal.

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
the Purple Heart.




                                  _____Mark D. Manning_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001093                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0055                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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