RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002467


      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. 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, award of the Purple Heart.

2.  The applicant states, in effect, that he was injured in combat while
serving in Vietnam and he requests his discharge document be corrected to
show award of the Purple Heart.

3.  The applicant provides a VA Form 21-4138 (Statement in Support of
Claim) provided by a fellow veteran, dated 28 July 2004, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 October 1968, the date of his separation from active duty.
The application submitted in this case is dated 7 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 service record shows that he was inducted into
the U.S. Army on 22 November 1966.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11C (Infantryman, Indirect Fire
Crewman).

4.  The applicant's military service record shows that he was assigned to
C Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division in Vietnam, from
10 December 1967 through 24 August 1968.  He was honorably separated from
active duty in the U.S. Army on 29 October 1968 after serving 1 year, 11
months, and 9 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, Vietnam Campaign Medal,
Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with
Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from
30 November 1967 through 24 August 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
III campaign.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on The Adjutant General, Casualty
Division's, Vietnam Casualty Roster.

8.  The applicant provides a statement in support of his claim from a
fellow veteran who states that he was a combat medic assigned to the
applicant's unit and that he treated the applicant for wounds he received
on or about 14 April 1968.  The author of the statement indicates that a
round exploded in a hooch, which killed four men and wounded the applicant.
 The author also states that he treated the applicant's wounds, provided
follow-up treatment, and submitted the paperwork for the Purple Heart.

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.  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.

11.  The applicant's record contains a copy of Headquarters, 1st Advanced
Individual Training Brigade, U.S. Army Training Center Infantry, Fort Dix,
New Jersey, Special Orders Number 68, dated 4 April 1967, which shows that
he qualified as expert with the 81mm Mortar and was awarded the Expert
Marksmanship Qualification Badge with Mortar Bar.

12.  The applicant's record contains a copy of Headquarters, 1st Advanced
Individual Training Brigade, U.S. Army Training Center Infantry, Fort Dix,
New
Jersey Special Orders Number 69, dated 5 April 1967, which shows that he
qualified as marksman with the .45 caliber pistol and was awarded the
Marksman Marksmanship Qualification Badge with Pistol 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 TET
Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam
Counteroffensive Phase V campaigns.

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 C Troop, 3rd Squadron, 4th Cavalry (Vietnam), the
unit was cited for award of the Presidential Unit Citation by Headquarters,
Department of the Army, General Orders Number 69 (1969).

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 25th Infantry Division, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 48 (1971).
This document also shows that, at the time of the applicant's assignment to
the 25th Infantry Division, the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 51 (1971).

16.  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.

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

20.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination, and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

21.  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.

22.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides 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 for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was wounded on or about 14 April 1968 while serving
in Vietnam.  The applicant provides a statement from a combat medic who was
assigned to his unit at the time the applicant states that he was wounded.
However, the applicant offers no corroborating evidence about the incident
from other sources.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 November 1966 through 29 October 1968 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.

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

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

6.  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.

7.  General Orders awarded the applicant's unit the Presidential Unit
Citation.  Therefore, it would be appropriate to correct his records to
show this unit award.

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.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.
10.  Records show that the applicant served a total of 8 months and 25 days
in Vietnam.  Therefore, he is entitled to correction of his records to show
award of one Overseas Service Bar.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 October 1971.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MHM__  __ALR__  __LDS___  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 applicant the Good Conduct Medal for the period
22 November 1966 through 29 October 1968;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;

      c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam
Service Medal with 3 bronze service stars, Expert Marksmanship
Qualification Badge with Mortar Bar, Marksman Marksmanship Qualification
Badge with Pistol Bar, Presidential Unit Citation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and 1 Overseas Service Bar.

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.



                                  ____MELVIN H. MEYER______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002467                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19681022                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Release of Overseas Returnee      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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