RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050002172


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard Jr.          |     |Chairperson          |
|     |Mr. John Infante                  |     |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 award of the Purple Heart for a wound received
in Vietnam.

2.  The applicant states, in effect, that:

      a.  during a mortar attack in Phuk Vhin, Vietnam he lacerated his
knee at a spot where he had a mole;

      b.  a medic removed the mole the next morning and when he was asked
if he wanted a Purple Heart, he said no because he didn't want to over
concern his parents; and

      c.  he was 20 years old at the time and didn't realize he would need
the extra benefits a Purple Heart would entitle him to now that he has been
diagnosed with prostate cancer and sarcoidosis.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with an effective date of
29 October 1971 and a physician's note that diagnosed the applicant with
prostate cancer.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 October 1971, the date he was released from active duty.
The application submitted in this case is dated 25 January 2005 and was
receive on 9 February 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 records show that he was inducted on 10
February 1970 for a period of 2 years.  He successfully completed basic
combat and advanced individual training and was awarded the military
occupational specialty 68B20 (aircraft turbine engine repairman).
 4.  The records show that the applicant served in Vietnam during the
period
from 28 October 1970 to 27 October 1971.  He was assigned to the
1st Squadron, 9th Cavalry Division during the period from 19 November 1970
to
23 October 1971.

5.  On 29 October 1971, the applicant was released from active duty due to
the early separation of an oversea returnee.  He had completed 1 year, 8
months, and 20 days of active service that was characterized as honorable.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show the award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not contain any entries indicating that the applicant received
any wounds.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show the award of the Purple Heart.

9.  The applicant's separation examination, dated 29 October 2001, does not
contain any entries indicating that the applicant was wounded as a result
of hostile action.

10.  The applicant's medical records were not available for review by the
Board.

11.  There are no orders in the applicant's military service records
awarding him the Purple Heart.

12.  The applicant's name does not appear on the Vietnam Casualty Roster.

13.  A review of the applicant's records shows that he is entitled to
additional awards, which he did not request and are not listed on his DD
Form 214.

14.  Department of the Army, Headquarters, 1st Cavalry Division (Airmobile)
General Orders Number 7836, dated 10 April 1971, awarded the applicant the
Army Commendation Medal with 1st Oak Leaf Cluster.

15.  There is no evidence the applicant was disqualified by his chain of
command from receiving the Army Good Conduct Medal.  Records do not show
any indiscipline or lost time.  His records do not contain any adverse
information and he received conduct and efficiency ratings of “excellent”
throughout his service.
16.  There are no orders in the applicant's military service records for
the award of the Army Good Conduct Medal.

17.  The applicant served in Vietnam from 28 October 1970 to 27 October
1971.  Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam
Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971) and the
Consolidation I Campaign (1 July 1971 - 30 November 1971).

18.  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 the 1st Squadron, 9th Cavalry, the unit received
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period from 21 February 1970 to 28 February 1971, based on Department of
the Army General Order Number 42, dated 1972.

19.  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 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.

20.  Army Regulation 600-8-22 provides that the 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 August 1940, three years of
qualifying service was required for award of the Good Conduct Medal, but
during the World War II era, the first award could be made based on one
year of qualifying service provided that service occurred during the period
7 December 1941 to 2 March 1946.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for a
wound received in Vietnam.

2.  In the absence of military records which show that the applicant was
wounded or treated for wounds resulting from hostile action, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.  In addition, granting veteran's
benefits is not within the purview of the ABCMR.  Any questions regarding
eligibility for service-connected disability should be addressed to the
Department of Veterans Affairs (DVA).

4.  Disabilities which worsen after a Soldier is separated are treated by
and compensated for by the DVA.  Any claims or issues concerning treatment
or compensation for service connected disabilities should be addressed to
that Agency.

5.  The applicant was awarded the Army Commendation Medal with 1st Oak Leaf
Cluster.

6.  In the absence of evidence showing disqualification, the applicant is
entitled to the first award of the Good Conduct Medal based on completion
of qualifying service from 10 February 1970 to 29 October 1971 ending with
termination of a period of Federal military service.

7.  The applicant participated in two campaigns during his service in
Vietnam.  Therefore, he is entitled to two bronze service stars to be worn
on his Vietnam Service Medal.

8.  The applicant was serving with 1st Squadron, 9th Cavalry during the
period the unit was cited for award of Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  Therefore the applicant is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 October 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
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

___cd___  ___ji____  ___tdh___  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:

      a.  award of the Army Commendation Medal with 1st Oak Leaf Cluster;

      b.  award of the Army Good Conduct Medal for the period 10 February
1970 to 29 October 1971;

      c.  award of two bronze service stars to be worn on his Vietnam
Service Medal; and

      d.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation

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.




                            _________Thomas D. Howard Jr._______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002172                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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