RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              12 JANUARY 2006
      DOCKET NUMBER:         AR20050003111


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 he be awarded the Purple Heart, a Silver
Star, a Bronze Star with “V” Device and two oak leaf clusters, an Air
Medal, an Army Commendation Medal for meritorious service and any unit
awards to which he is entitled.

2.  The applicant states, in effect, that he believes that his service in
Vietnam, as he documented in his diary while in Vietnam warrants the awards
he is requesting.  He also states that he was on a combat mission when he
was injured from a grenade explosion.  He further states that he receives a
40% Department of Veterans Affairs (VA) compensation of which 30% is for
Post-Traumatic Stress Disorder (PTSD).

3.  The applicant provides a separate explanation with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 15 February 1971.  The application submitted in this case is dated 16
February 2005 and was received on 1 March 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 awards of the Silver Star, Bronze Star
Medal with “V” Device and two oak leaf clusters, the Air Medal and the Army
Commendation Medal is outside the statute of limitations on approval of
awards recommendations for actions during the Vietnam War.  However, the
applicant’s request for those awards 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 before the ABCMR will consider this
portion of his request and he has been so notified by separate
correspondence.  Therefore, consideration of award of the Silver Star,
Bronze Star Medal, Air Medal and Army Commendation Medal will not be
considered further in this Record of Proceedings.

4.  He enlisted in Buffalo, New York, on 30 April 1968 for a period of 3
years and training as an airborne medical corpsman.  He completed his basic
combat training at Fort Dix, New Jersey, his advanced individual training
at Fort Sam Houston, Texas, and his airborne training at Fort Benning,
Georgia, before being transferred to Vietnam on 9 December 1968.  He was
assigned to Headquarters and Headquarters Company, 4th Battalion, 503rd
Infantry Regiment, for duty as a combat medic.  He was advanced to the pay
grade of E-3 on 12 December 1968.

5.  On 26 January 1969, he was awarded the Combat Medical Badge (CMB) and
on 29 March 1969, he was injured while on a Recon in Force Mission when a
fellow soldier’s grenade accidentally detonated while moving through thick
vegetation.  The applicant sustained superficial burns to the chest, face,
arms and legs and was evacuated to the 67th Evacuation Hospital where he
was treated and subsequently evacuated to the 106th General Hospital in
Japan.

6.  On 6 May 1969, he was transferred to the Medical Holding Company at
Walson Army Hospital, Fort Dix, New Jersey.  He was subsequently assigned
to the hospital as a ward attendant.  He was advanced to the pay grade of E-
4 on 23 July 1969.

7.  On 10 March 1970, the applicant injured his right knee while wrestling
and was admitted to the hospital for a tear of medial collateral ligament,
right knee, posterior repair with more than moderate instability.

8.  The applicant was evaluated under the Physical Disability System and on
15 February 1971, he was placed on the Temporary Disability Retired List
(TDRL) with a 30% disability rating.  He had served 2 years, 9 months and
16 days of total active service and was awarded the National Defense
Service Medal, the Parachutist Badge, the Vietnam Service Medal (VSM), and
the CMB.

9.  On 31 December 1972, he was removed from the TDRL and was discharged by
reason of physical disability with entitlement to 20% severance pay
authorized.

10.  A review of the available records fails to show any orders or
recommendations for awards of the Silver Star, Bronze Star, Purple Heart,
Air Medal or ARCOM.  His records do show that he received excellent conduct
and efficiency ratings throughout his service and his records are void of
any derogatory information that would serve to disqualify him for award of
the Good Conduct Medal.

11.  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.  However, based on decisions of the U.S.
Court of Appeals, the ABCMR has adopted the policy of calculating its 3-
year statute of limitations from the date of final action in those requests
wherein an applicant has sought a lower level administrative remedy.
Requests for awards submitted under Title 10, United States Code, Section
1130 (10 USC 1130) to the Army Decorations Board are considered a lower
level administrative remedy.  Since there is no statute of limitations on
filing requests for awards under 10 USC 1130, the ABCMR has determined that
the 3-year statute of limitations for filing with ABCMR should commence on
the date of final action on an award request by the Army

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.

13.  Army Regulation 600-8-22 establishes the criteria for award of the
Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  The regulation outlines the criteria for
award of the Good Conduct Medal (GCMDL) and provides, in pertinent part,
that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity
in active Federal military service.  It is awarded on a selective basis to
each Soldier who distinguishes him or herself from among their fellow
Soldiers by their exemplary conduct, efficiency, and fidelity throughout
their service.  There is no right or entitlement to the medal until the
immediate commander has approved the award and the award has been announced
in permanent orders.  Separation transfer points will review records of
enlisted personnel being separated to determine whether they qualify for
award of the GCMDL.  Where possible, a reasonable effort will be made to
contact the unit commander prior to awarding the medal to qualified
members.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  He also served in two campaigns during his service in Vietnam and is
entitled to be awarded two bronze service stars for wear on his already
awarded VSM.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal (RVNCM).  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence of record does establish that the applicant was
injured while in Vietnam, the evidence also establishes that the injuries
sustained by the applicant were accidentally incurred when a fellow
Soldier’s grenade was accidentally detonated.  Inasmuch as the wound must
be documented as being the result of enemy action and since the applicant
has failed to show through the evidence presented with his application or
the evidence of record that he meets the prerequisites of the applicable
regulations for award of the Purple Heart, there appears to be no basis to
award him the Purple Heart at this time.

2.  After carefully examining the applicant’s record of service, it appears
that the applicant should have received the GCMDL for his service from 30
April 1968 to 15 February 1971.  This conclusion is based on the fact that
the record is void of any derogatory information, which would preclude the
applicant from being awarded the GCMDL, and the lack of any specific action
by the applicant’s unit commander to disqualify him from receiving the
award.

3.  The evidence suggests that the applicant not receiving the GCMDL was
likely the result of an administrative error as opposed to it being the
result of a conscious disqualification by any of the unit commanders for
which he served.  Therefore, in the interest of justice, this error should
be corrected and the applicant should receive the GCMDL at this time.

4.  Additionally, he is also entitled to be awarded the RVNCM, the RVNGC
w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service
stars for wear on his already awarded VSM.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

____LS__  ___RB __  ___RN __  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 awarding him the GCMDL
for the period of 30 April 1968 to 15 February 1971, the RVNCM, the RVNGC
w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service
stars for wear on his already awarded VSM.

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.


            ____Linda Simmons__________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003111                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710215                                |
|DISCHARGE AUTHORITY     |TITLE 10 USC, SEC 1202, SPN 270         |
|DISCHARGE REASON        |RET & PLACED ON TDRL                    |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.00156             |                                        |
|2.107.0056              |102/gcmdl                               |
|3.107.0094              |140/rvngc                               |
|4.107.0095              |141/rvncahm                             |
|5.                      |                                        |
|6.                      |                                        |


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