RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      27 October 2005
      DOCKET NUMBER:  AR20050001593


      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 the Silver Star, the Bronze
Star Medal, the Air Medal, the Purple Heart, and any other award so found,
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 Silver Star, the Bronze Star
Medal, the Air Medal, and the Purple Heart were omitted from his DD Form
214.  Upon his return home from Vietnam, he put his military evidence away
and never looked at it again until 2002.

3.  The applicant provides a copy of his DD Form 214 and a copy of awards
certificates for the Bronze Star Medal, the Air Medal, and the Purple Heart
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 4 June 1970.  The application submitted in
this case is dated 2 December 2004 but was not received for processing
until 31 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 request for award of the Silver Star and its addition
to his DD Form 214 is outside the statute of limitations on approval of
award recommendations for actions during the Vietnam War.  However, the
applicant’s request for this award can be considered under the provisions
of Title 10, United States Code, Section 1130, which governs consideration
of awards not submitted within time limits established by law.  The
applicant must exhaust this remedy; and therefore, this award will not be
discussed further in these proceedings.

4.  The applicant was inducted into the Army of the United States on 12
June 1968. The applicant received his basic combat training at Fort Dix,
New Jersey, and his advanced individual training at Fort Polk, Louisiana.
On completion of his training, he was awarded the primary military
occupational specialty (MOS) 11B, Light Weapons Infantryman.

5.  The applicant was assigned to Vietnam.  He arrived there on 21 November
1968.  He was assigned to Company A, 2nd Battalion, 39th Infantry Regiment,
9th Infantry Division.  The applicant remained with this unit until he was
reassigned to Hawaii on 3 August 1969.

6.  The applicant was honorably released from active duty on 4 June 1970,
under the provisions of Army Regulation (AR) 635-200, Chapter 5, Early
Separation of Overseas Returnee, in the rank and pay grade of Specialist
Four, E-4.

7.  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; the Republic of
Vietnam Campaign Medal; and the Combat Infantryman Badge.  The Air Medal
and the Purple Heart are not shown among his awards.

8.  Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification
Record), has an entry indicating the applicant sustained fragmentation
wounds to both legs on 11 March 1969.

9.  The applicant's name appears on the Vietnam Casualty List.  The
applicant is identified on this list with the correct social security
number but with an incorrect middle initial.  The applicant's casualty
status on the Vietnam Casualty List is shown as "23."  This code indicates
that the applicant was, "Hostile Wounded in Action – Not Serious
Hospitalized."

10.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, shows
he was awarded the Purple Heart, by General Orders Number 7134, published
by the 9th Infantry Division on 11 March 1969.  A copy of General Orders
7134 was received from the US Army Human Resources Command, Awards Branch.
These orders awarded the Bronze Star Medal, posthumously, to another 9th
Infantry Division Soldier.  The entry on the applicant's DA Form 20 is
incorrect.

11.  The Purple Heart awards certificate the applicant provided in support
of his request bears the signature of a medical corps officer identified in
the rank of lieutenant colonel as the commander of an unidentified unit
(assumed to be a field hospital or an evacuation hospital).

12.  Item 41, of the applicant's DA Form 20, shows that the applicant was
awarded the Bronze Star Medal by General Orders 9047.  This entry is
incorrect. General Orders 9047, Headquarters 9th Infantry Division, dated 7
July 1969, awards the applicant the Bronze Star Medal, first oak leaf
cluster, for meritorious service, in connection with military operations
against a hostile force, in the Republic of Vietnam.  The applicant
provided a copy of the awards certificate in support of his request.  This
award is already shown on his DD Form 214 albeit shown incorrectly.

13.  Item 41, of the applicant's DA Form 20, indicates the applicant was
awarded the Bronze Star Medal (2nd Award), with "V" Device, by General
Orders 8494.  General Orders 8494, Headquarters 9th Infantry Division,
dated 4 July 1969, awards the Air Medal to sixty-seven Soldiers, none of
which is the applicant.  This entry on the applicant's DA Form 20 is
incorrect.

14.  Item 41, of the applicant's DA Form 20, shows that the applicant was
awarded the Army Commendation Medal and the Army Commendation Medal, (2nd
Award), by General Orders 6003.  A copy of these orders, published by
Headquarters, 9th Infantry Division, dated 26 May 1969, is available for
review.  This order award the applicant the Army Commendation Medal, for
outstanding achievement for the period November 1968 through March 1969.
The applicant's name does not appear on this order a second time.  There is
no indication the applicant was awarded the Army Commendation Medal, (2nd
Award), in effect, the Army Commendation Medal, with oak leaf cluster while
he served in Vietnam. The entry shown on the applicant's DD Form 214 was
correctly made.

15.  The applicant was awarded the Air Medal, for meritorious achievement
while participating in sustained aerial flight, by General Orders Number
8576, Headquarters, 9th Infantry Division, dated 5 July 1969.  This award
is not shown on his DD Form 214.

16.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

17.  While in Vietnam, the applicant participated in the following three
campaigns: 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.

18.  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.

19.  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 the unit the applicant was assigned to was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period January through June 1969, by Department of the Army General
Orders (DAGO) Number 31, dated 1969; and, the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, by DAGO 59, dated 1969.

20.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
that the applicant earned the following marksmanship qualification badges
on the date shown:  the Expert Marksmanship Qualification Badge, with Rifle
Bar [M-14 Rifle], on 18 July 1969; the Marksman Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], on 12 September 1968; and the
Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16
Rifle], on 6 September 1968.  These marksmanship qualification badges are
not shown on his DD Form 214.

21.  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 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant sustained a fragmentation wound
to both his legs while he served in Vietnam.  Appropriate entries are shown
in his service records.

2.  The applicant's name is shown on the Vietnam Casualty List.  General
orders were published awarding the applicant the Purple Heart but these
orders are not available in his service personnel records.  The applicant
provided a copy of the awards certificate that he received awarding him the
Purple Heart.

3.  Despite the lack of orders, the evidence is sufficient to approve the
applicant's request for correction of his DD Form 214 and for addition of
the Purple Heart to his DD Form 214.

4.  The applicant's DD Form 214 shows that he was awarded the Bronze Star
Medal.  The evidence of record shows that the applicant was awarded the
Bronze Star Medal, with oak leaf cluster.  He is entitled to a correction
and to have this award shown correctly on his DD Form 214.

5.  The applicant was awarded the Air Medal for meritorious achievement
while participating in sustained aerial flight while he served in Vietnam.
This award is not shown on his DD Form 214.  It would be appropriate to add
the Air Medal to his DD Form 214.

6.  The applicant participated in three campaigns while he served 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 DD Form 214.

7.  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, while he was a
member of the unit.  He is therefore entitled to these unit awards and to
have them added to his DD Form 214.

8.  While in service, the applicant earned the Expert Marksmanship
Qualification Badge, with Rifle Bar: and the Marksman Marksmanship
Qualification Badge, with Machinegun and Automatic Rifle Bar.  These
marksmanship qualification badges are not shown on his DD Form 214.  He is
entitled to have these badges shown on his DD Form 214.

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:

      a.  deleting the Bronze Star Medal and the Vietnam Service Medal from
the applicant's DD Form 214;

      b.  adding the already-awarded Bronze Star Medal, with oak leaf
cluster, to the applicant's DD Form 214;

      c.  awarding the applicant three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal and adding these awards to the
applicant's DD Form 214 as the Vietnam Service Medal, with three bronze
service stars;

      d.  adding the already-awarded Purple Heart; Air Medal; and the
Expert Marksmanship Qualification Badge, with Rifle Bar; and the Marksman
Marksmanship Qualification Badge, with Machinegun and Automatic Rifle Bar;
to the applicant's DD Form 214; and

      e.  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 the
applicant's DD Form 214.




                            ___     Melvin H. Meyer_______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050001593                           |
|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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