RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050003119


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his records to show award of the
Bronze Star Medal and the Purple Heart.

2.  The applicant states, in effect, that he was wounded by shrapnel for
which he has a 20 percent service connected injury with the Department of
Veterans Affairs and he feels that he should have received the Purple
Heart.  He further states that his award of the Bronze Star Medal is
missing from his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

3.  The applicant provides a DD Form 214 with the ending period 25 October
1970; Headquarters, Americal Division General Orders 13629, dated 13
October 1970; Headquarters, Americal Division General Orders 10862, dated
15 August 1970; a memorandum from the Office of the Adjutant General,
Corrected General Orders, dated 14 May 1973; a memorandum from the Office
of the Adjutant General, U.S. Army Reserve Components Personnel and
Administration Center, dated 17 May 1973; and a memorandum from the
Veterans Administration, dated 1 December 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 25 October 1970.  The application submitted in this case is dated
22 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 was inducted in the Army on 14 November 1968 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).




4.  The applicant arrived in Vietnam and was assigned to D Company, 1st
Battalion, 6th Infantry, 198th Infantry Brigade on or about 26 November
1969 and departed Vietnam on or about 20 October 1970 after participating
in three campaigns.  He was honorably released from active duty on 25
October 1970 and transferred to the U.S. Army Reserve after completing 1
year, 11 months, and 12 days of creditable active service.

5.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Ranger Tab, the Combat Infantryman Badge, the Parachutists
Badge, the Army Commendation Medal, and the Sharpshooter Marksmanship
Qualification Badge (M-16).

6.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

8.  The applicant's Army Medical Treatment Records are unavailable.

9.  Headquarters, Americal Division General Orders 13629, dated 13 October
1970 shows that the applicant was awarded the Bronze Star Medal for
meritorious service.

10.  Headquarters, Americal Division General Orders 10862, dated 13 October
1970 amended General Orders 9364 to show that the applicant was awarded the
Army Commendation Medal (1st Oak Leaf Cluster).

11.  The applicant provided a memorandum from the Veterans Administration
(VA), dated 1 December 1970.  This document shows that he has service
connected disability for fragment wounds to the left shoulder and axilla
area.

12.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
active duty service.  He received a "good" efficiency rating from the
period 22 July 1969 through 18 September 1969 when he attended school.
13.  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 Battalion, 6th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 24 August 1969 through 31 December 1969 based on
Headquarters, Department of the Army General Orders Number 42, dated 1972.

14.  Army Regulation 600-55 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must  have been rated as
"excellent" for the entire period of qualifying service except that a
service school efficiency rating based upon academic proficiency of at
least "good" rendered subsequent to 22 November 1955 was not disqualifying.
 However, there was no right or entitlement to the medal until the
immediate commander made positive recommendation for its award and until
the awarding authority announced the award in General Orders.

15.  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 a request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart and his name does not appear on the
Vietnam Casualty Roster.  There is no evidence in the available records and
the applicant has not provided evidence that shows he was wounded or
treated for wounds as a result of hostile action.

2.  The applicant provided a memorandum from the VA that shows he had a
service connected disability for fragment wounds to the left shoulder and
axilla area.

3.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

4.  Evidence of record shows that the applicant was awarded the Bronze Star
Medal and the Army Commendation Medal (First Oak Leaf Cluster).

5.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 14 November
1968 through 25 October 1970.

6.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  This award should be added to his DD Form 214.

7.  The applicant’s participation in three campaigns entitles him to three
bronze service stars to be worn on his Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 October 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 October 1973.  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

__LE____  __ PMS _  __ LGH _  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:

      a.  by deleting the Army Commendation Medal from the applicant's DD
Form 214;

      b.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 14 November 1968 through 25 October 1970; and

      c.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Bronze Star Medal, the Army Commendation Medal (First Oak
Leak Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and three bronze service stars to be worn on his Vietnam Service
Medal.

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.




                            ____ Lester Echols _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003119                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0014.0000                           |
|4.                      |107.0020.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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