RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 October 2005
      DOCKET NUMBER:  AR20050003442


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his
DD Form 214 (Report of Transfer or Discharge) be corrected to show award of
the Purple Heart and the Bronze Star Medal with "V" Device; and that item
30 (Remarks) on his DD Form 214 be corrected to show that he obtained his
General Equivalency Diploma (GED).  He also requests that items 38 (Record
of Assignments), 40 (Wounds), and 41 (Awards and Decorations) on his DA
Form 20 (Enlisted Qualification Record) be corrected.

2.  The applicant states, in effect, he sustained a gunshot wound to his
left calf on 23 March 1968, that he was awarded the Purple Heart, and that
his military records should reflect this award.  He states he obtained his
GED at Fort Campbell, Kentucky, in 1967/1968.  He points out that he was
never burned as reflected in item 40 on his DA Form 20 and that he could
not have been evacuated from Vietnam on 5 March 1968 and subsequently
assigned to Fort Sam Houston on 2 March 1968 as reflected on his DA Form
20.  He contends that this is the first time he has seen his DD Form 214 in
30 plus years.

3.  The applicant provides a copy of his DD Form 214; a copy of his DA Form
20; and service personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 June 1968.  The application submitted in this case is dated 19 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 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 requested correction of his records to show award of the
Bronze Star Medal with "V" Device.  There are no orders or other evidence
authorizing this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Bronze Star Medal with "V" Device 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, they will not be discussed further in this
Record of Proceedings.

4.  The applicant was inducted on 24 February 1966.  He served as a field
artillery operations and intelligence assistant assigned to Battery B, 1st
Howitzer Battalion, 321st Artillery in Vietnam from 17 December 1967 until
he was wounded in action on 25 February 1968.  Orders show he was evacuated
to Brooke General Hospital in San Antonio, Texas, on or about 28 February
1968 for further medical treatment.  On 30 June 1968, the applicant was
released from active duty in the temporary rank of specialist five after
completing 2 years, 4 months, and 7 days of creditable active service with
no time lost.

5.  Item 24 on the applicant's DD Form 214 shows the National Defense
Service Medal, the Parachutist Badge, the Vietnam Service Medal, and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.  Item 25 (Education and Training Completed) on the DD Form 214
shows the entry, "None."  The first entry in item 30 on his DD Form 214 is
"Civilian Education:  9 years (General)."

6.  Item 38 on the applicant's DA Form 20 shows that he was assigned to the
3rd Medical Evacuation Hospital in Vietnam on 5 March 1968 in a patient
status.  His next assignment was listed as "En route to CONUS" [Continental
United States] on 1 March 1968 and then he was assigned to Brooke General
Hospital at Fort Sam Houston, Texas, on 2 March 1968, in a patient status.
Item 40 on his DA Form 20 shows that an entry was made on 29 February 1968;
however, there is a line through it.  Item 41 on his DA Form 20 does not
show the Purple Heart.

7.  Headquarters, 101st Airborne Division General Orders Number 248, dated
31 March 1968, show the applicant was awarded the Purple Heart for wounds
received in action on 25 February 1968 in Vietnam.  The applicant's Medical
Board Proceedings, dated 24 June 1968, show he sustained a gunshot wound to
his left calf on 25 February 1968 in Vietnam as a result of hostile action.

8.  The applicant's DA Form 669 (General Educational Development Individual
Record) shows he passed the GED test in June 1967 at Fort Campbell,
Kentucky.

9.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

10.  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.

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  Army Regulation 635-5, in effect at the time of the
applicant's separation from active duty, provided that the first entry in
item 30 on the DD Form 214 would be the highest civilian education level
attained when not adequately covered in item 25 (Education and Training
Completed).  This information would be taken from the DA Form 20.

13.  At the time, Army Regulation 600-200, chapter 9, prescribed
instructions for preparing and maintaining the DA Form 20.  In pertinent
part, it stated that the chapter was applicable to all enlisted personnel
on active duty and all Army Reserve enlisted personnel assigned to U.S.
Army Reserve troop program units.
The DA Form 20 became obsolete in 1974 and is no longer maintained.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

15.  Army Regulation 672-5-1, 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.


16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  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.  Orders show the applicant received the Purple Heart.  Therefore, his DD
Form 214 should be corrected to show this award.

2.  Evidence of record shows the applicant passed the GED test in June
1967.  Therefore, it would be appropriate to correct the first entry in
item 30 on his DD Form 214.

3.  The applicant's request for correction of various items on his DA Form
20 is noted.  However, since the DA Form 20 is no longer maintained, and
other service and medical records properly reflect that the applicant
sustained a gunshot wound to his left calf on 25 February 1968 in Vietnam,
that he was awarded the Purple Heart, and that he was evacuated from
Vietnam on or about
28 February 1968 to the United States for further medical treatment, there
is no basis for amending his DA Form 20.

4.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

5.  The applicant was separated in the temporary rank of specialist five
with 28 months of creditable active service with no time lost.  Therefore,
it appears the applicant met the eligibility criteria for the first award
of the Good Conduct Medal for the period 24 February 1966 through 30 June
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

6.  The applicant is entitled to award of the Vietnam Campaign Medal
because he qualified for award of the Vietnam Service Medal and was
evacuated prior to completing six months of service due to wounds resulting
from hostile action.
7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

8.  Records show the applicant should have discovered the alleged errors
now under consideration on 30 June 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 29 June
1971.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

MM____  LB_____  CD______  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 24 February 1966 through 30 June 1968;

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Purple Heart, the Vietnam Service Medal
with two bronze service stars, the Vietnam Campaign Medal, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation;

      c.  deleting the first entry, "Civilian Education:  9 years
(General)" in item 30 on his DD From 214; and

      d.  adding the first entry, "Civilian Education:  General Equivalency
Diploma" in item 30 on his DD Form 214.

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 amendment of items
38, 40, and 41 of his DA Form 20.




            ____Mark Manning______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2005003442                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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