RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050003439


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. 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 shown to have been awarded two Bronze
Star Medals and a second Purple Heart.

2.  The applicant states he was awarded the medals but does not know why
they were not listed on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and a 1989 court order
showing the applicant had legally changed his name.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 May 1968, the date of his separation from active duty.
 The application submitted in this case is dated 23 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 to show award of two
Bronze Star Medals.  There are no orders or other evidence authorizing
award of these decorations to the applicant.  In the absence of a proper
award authority for these decorations, the applicant may request award of
the Bronze Star Medals 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 these decorations under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant's service medical records are not associated with the
Official Military Personnel File (OMPF).  They are believed to be on
indefinite loan to the Department of Veterans Affairs and as such are not
available for Board review.

5.  The applicant was born and served under the name E____ G____ P____.  He
entered active duty on 7 June 1965, completed training, and was awarded the
military occupational specialty (MOS) 11D (Armor Intelligence Specialist).
6.  The applicant served in Vietnam with Headquarters and Headquarters
Troop, 1st Squadron, 9th Cavalry Regiment from 27 January 1966 through 31
October 1966 and with D Troop, 1st Squadron, 9th Cavalry Regiment from 1
November 1966 through 12 January 1967.

7.  Headquarters, 1st Cavalry Division General Orders Number 1883, dated
1 June 1966, awarded the applicant the Purple Heart for wounds received on
28 May 1966.

8.  His DA Form 20 (Enlisted Qualification Record) indicates the applicant
received wounds to his right buttocks on 27 June 1966.

9.  The Vietnam Casualty Roster records only the second wound.

10.  Headquarters, 1st Cavalry Division General Orders Number 498, dated
4 February 1967, awarded the applicant the Army Commendation Medal for
meritorious service from January 1966 through December 1966.

11.  The applicant's DA Form 20 lists his awards as the Soldiers Medal, the
Purple Heart, the Air Medal, the National Defense Service Medal, the
Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman
Badge, the Parachutist Badge, the Expert Badge, and the Sharpshooter Badge.
 It reports his conduct and efficiency rating as exclusively excellent.

12.  The applicant was honorably separated from active duty on 27 May 1968
with 2 years, 11 months, and 20 days of creditable service.  His DD Form
214 lists his awards as the Soldiers Medal, the Purple Heart, the Air
Medal, the National Defense Service Medal, the Vietnam Service Medal, the
Vietnam Campaign Medal, the Combat Infantryman Badge, and the Parachutist
Badge.

13.  On 12 April 1989, the Superior Court of the State of California for
the County of Marin granted the applicant's request to have his name
legally changed from E____ G____ P____ to G____ J____ J____.

14.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.  A Purple Heart is authorized for the
first wound suffered under conditions indicated above, but for each
subsequent award an Oak Leaf Cluster will be awarded to be worn on the
medal or ribbon.

15.  Army Regulation 600-8-22, chapter 4 provides that the Good Conduct
Medal 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, unfavorable consideration was normally noted on the DA Form 20.

16.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he
participated during the following two campaign periods: the Vietnam
Counteroffensive, 25 December 1965 - 30 June 1966 and the Counteroffensive
Phase II, 1 July 1966 – 31 May 1967.

17.  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 while the applicant was
assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry
Regiment it was cited for award of the Presidential Unit Citation and the
Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The record indicates the applicant was wounded twice while serving in
Vietnam, first on 28 May 1966 and then again on 27 June 1966.  As such his
records should be corrected to show award of the Purple Heart with one Oak
Leaf Cluster.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, his personal decorations, and his promotion to E-5.  The record
contains no indication of any disqualifying incidents or recommendations.
It is appropriate to award the applicant the Good Conduct Medal for his
period of service from 7 June 1965 through 27 May 1968.

3.  The applicant served during two campaign periods and is authorized to
wear two bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on his DD Form 214, the applicant was
also authorized the Army Commendation Medal, the Expert Badge with Rifle
bar (for the M-16 rifle), the Sharpshooter Badge with Rifle Bar (for the M-
14 rifle), the Presidential Unit Citation, and the Republic of Vietnam
Cross of Gallantry with Palm Unit Citation.  It is appropriate to correct
his records to reflect these awards.


BOARD VOTE:

__LDS__  __RMN __  __REB__  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by awarding him the Good Conduct Medal for the period 7 June 1965
through 27 May 1968.

2.  The Board determined that the records show the applicant was wounded
twice while serving in Vietnam and as such should be awarded the Purple
Heart Medal with one Oak Leaf Cluster.

3.  Further, in addition to the awards listed on his DD Form 214, the
applicant is also authorized the Army Commendation Medal, the Expert Badge
with Rifle bar (for the M-16 rifle), the Sharpshooter Badge with Rifle Bar
(for the M-14 rifle), the Presidential Unit Citation, the Republic of
Vietnam Cross of Gallantry with Palm Unit Citation, and to wear two bronze
service stars on his Vietnam Service Medal.




                                  _       Linda D. Simmons______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003439                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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