RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050002470


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show he was awarded
the Purple Heart (PH), Good Conduct Medal (GCMDL), Army Commendation Medal
(ARCOM), and Air Medal (AM).

2.  The applicant states, in effect, that he has tried to have the above
corrections made to his records for an unspecified number of years and, for
various reasons, the record was not corrected.  Mainly, he desires to have
his record corrected to show award of the PH.  In the event that he needs
health care from the Department of Veterans Administration, award of the PH
allows him to be moved into a different category for care.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 April 1970.  The application submitted in this case is dated
2 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 requested correction of his records, in part, to show
award of the Air Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
authority for this decoration the applicant may request award of the Air
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant's Official Military Personnel File (OMPF) consists of a
reconstructed record which shows that, on 19 June 1968, he was inducted
into the Army of the United States.  He completed the training requirements
and he was awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

5.  The applicant was assigned to Vietnam with duties in his MOS from
13 November 1968 to 13 November 1969.  He served with Company B, 2nd
Battalion, 506th Infantry, 101st Airborne Division and with Company D, 52nd
Infantry, 95th Military Police Battalion, 89th Military Police Group, 18th
Military Police Brigade; dates of assignment are unknown.  He served in
Vietnam during Vietnam Counteroffensive Phase VI, Tet 1969
Counteroffensive, and the Vietnam Summer-Fall 1969 campaigns.

6.  The applicant's DD Form 214 shows that, on 2 April 1970, he was
honorably separated from active duty and transferred to the United States
Army Reserve.  He was awarded the National Defense Service Medal, Vietnam
Service Medal (VSM), and the Vietnam Campaign Medal.  Due to unknown
reasons, temporary records were used at the time of separation.

7.  The applicant's reconstructed DA Form 20 (Enlisted Qualification
Record) Item 40 (Wounds) is not annotated to show he was wounded as a
result of hostile fire.  However, his name appears on the Vietnam Casualty
List, a compilation of all casualties during the Vietnam War as a result of
being wounded on 21 January 1969.

8.  The applicant's official OMPF also contains a Naval Hospital Record,
dated
23 January 1969, which shows on that date the Commanding Officer, Naval
Hospital, USS Repose (AH-16), awarded him the PH for wounds received due to
enemy action, near the "I Corps Tactical Zone, Republic of Vietnam (RVN) on
21 January 1969."  The applicant's unit at that time was Company B, 2nd
Battalion, 506th Infantry, 101st Airborne Division.  The applicant's
induction record substantiates that the hospital record belongs to him.
Both documents contain the service number the applicant used at the time of
induction.

9.  General Orders Number 3707, Department of the Army, Headquarters,
United States Army, Vietnam, dated 20 October 1969, shows the applicant was
awarded the ARCOM for meritorious service from November 1968 to November
1969 while serving with Company D, 52nd Infantry, 95th Military Police
Battalion, 89th Military Police Group, 18th Military Police Brigade.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  This regulation provides, in
pertinent part, that the:

      a.  PH 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 PH.

      b.  GCMDL is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the GCMDL, disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.
There is no evidence the applicant was ever denied award of the GCMDL.

      c.  ARCOM is awarded to any member of the Armed Forces of the United
States who, while serving in any capacity with the Army after 6 December
1941, distinguished himself or herself by heroism, meritorious achievement
or meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

      d.  Bronze service star (BSS) is authorized based on qualifying
service, for each campaign listed in Appendix B of this regulation and
states that authorized BSS's will be worn on the appropriate service medal.
 The applicant is authorized award of three BSS's to be worn on the VSM to
represent the campaigns in which he participated from 13 November 1968 to
13 November 1969.


      e.  Combat Infantryman Badge (CIB) is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry MOS.  They
must have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.  The Awards Branch of
the Total Army Personnel Command has advised, in similar cases, that during
the Vietnam era the CIB was awarded only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  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.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  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 a
whole months for credit toward the overseas service bar.  The applicant is
authorized award of two OSB's to represent his service from 13 November
1968 to 13 November 1969.

12.  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 the unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 8 February 1962 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name appears on the Vietnam Casualty List and his OMPF
contains a valid Naval Hospital Record which shows he was wounded, he was
treated for the wound, and the wound was made a matter of record.
Therefore, the evidence is sufficient to establish a basis for correcting
the applicant's DD Form 214 to show award of the PH.

2.  General Orders Number 3707, dated 2 October 1969 is sufficient to
support correcting the applicant's DD Form 214 to show award of the ARCOM.

3.  The applicant's DD Form 214 should also be corrected to show award of
the GCMDL, Vietnam Gallantry Cross Unit Citation with Palm, two OSB's,
three bronze service stars to be worn on the VSM to represent his period of
service from 13 November 1968 to 13 November 1969, and the CIB.

BOARD VOTE:

__wdp___  __tmr___  __rjf___  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 showing award of the PH, ARCOM, GCMDL,
three bronze service stars to be worn on the VSM, two OSB's, Vietnam
Gallantry Cross Unit Citation with Palm, and the CIB.



                                  William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002470                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0015                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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