RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20050003249


      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. Yvonne J. Foskey              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, that the Purple Heart be added to
his
DD Form 214 (Armed Forces of the United States Report of Separation)

2.  The applicant states, in effect, that at the time of his discharge he
was told that it would take two days to have his DD Form 214 corrected.  He
further states, that after returning from the Republic of Vietnam he just
wanted go home; therefore, he did not wait for the correction to be made to
his DD Form 214.

3.  The applicant provides a copy of a Purple Heart Certificate, dated 6
May 1970, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 16 December 1970, the date of his separation from active duty.  The
application submitted in this case is dated
25 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 records show that he was inducted in the Army on
11 June 1969.  He completed basic training and advanced individual
training and was awarded military occupational specialty 13A (field
artillery basic).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
served in the Republic of Vietnam (RVN) from 9 November 1969 through
13 December 1970, and was assigned to Howitzer Battery, 3rd Squadron,
11th Armored Cavalry Regiment.



5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) does not show award of the Purple Heart in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).

6.  The applicant provides a copy of a Purple Heart Certificate, dated
6 May 1970.  This document shows the applicant was awarded the Purple
Heart, for wounds received in action while in the Republic of Vietnam on
26 November 1969.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters 11th Armored Cavalry Regiment, General Orders Number
50, dated 25 April 1970, awarding the applicant the Purple Heart, for
wounds he received in connection with military operations against a hostile
force on
25 November 1969.

8.  Review of the applicant's records indicates that he is entitled to
additional awards which are not shown on his DD Form 214.

9.  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.

10.  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 11th Armored Cavalry Regiment the unit was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters Department of the Army General Orders Number 8,
dated 1974.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in two campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  This document shows that the applicant
participated in the Vietnam Counteroffensive Phase VII, DA Sanctuary
Counteroffensive, and Vietnam Winter-Spring 1970, a total of three
campaigns.



12.  The applicant’s service personnel records contain orders from
Headquarters, United States Army Training Center, Infantry [Fort Polk,
Louisiana], Special Orders Number 177, dated 23 July 1969, which awarded
him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-
14).

13.  The applicant’s service personnel records contain orders from,
Headquarters United States Army Training Center, Infantry [Fort Polk,
Louisiana], Special Orders Number 189, dated 6 August 1969, which awarded
him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

14.  Army Regulation 600-8-22 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.  There
is no statute of limitations governing requests for award of the Purple
Heart.

15.  Army Regulation 600-8-22 provides 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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Purple Heart.  Therefore, he
is entitled to correction of his record to show this award.

2.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to correction of his record to show this award.

3.  Special Orders show the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it
would
be appropriate to correct his record to show this badge.

4.  Special Orders show the applicant was awarded the Expert Shooter
Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it
would
be appropriate to correct his record to show this badge.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JRM___  __WDP__  __RLD__   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:

           a.   showing he was awarded the Purple Heart for wounds
sustained in action in Vietnam on 25 November 1969, while serving as a
private first class in the RVN;

           b.  showing he was awarded the RVN Gallantry Cross with Palm
Unit Citation, and three bronze service stars to be worn on his Vietnam
Service Medal; and

            c.  showing he was awarded the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship
Qualification Badge with Rifle Bar (M-16).





                            WILLIAM D. POWERS
                                 CHAIRPERSON


INDEX

|CASE ID                 |AR20050003249                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/12/16                              |
|DISCHARGE AUTHORITY     |AR635-200 Chp 5  . . . . .              |
|DISCHARGE REASON        |Early Separation                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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