RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050003453


      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 Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his award of the Purple Heart was
never added to his DD Form 214, and would now like to have it added.

3.  The applicant provides a copy of his DD Form 214; letter from
Department of Veterans Affairs [6 pages], dated 11 February 2005; copy of
VA Form 21-4142 [Authorization and Consent to Release Information to the
Department of Veterans Affairs]; a copy of a news clipping from Tan Son
Nhut, Vietnam, dated
8 April 1967; a copy of letter from the Marshall County Sheriffs Office; a
copy of Hospital Transfer Order Number 30, dated 29 March 1968; and a copy
of Special Orders Number 75, dated 9 April 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 April 1968, the date of his separation from active duty.
The application submitted in this case is dated 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 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
2 June 1966.  He completed basic training and advanced individual
training and was awarded military occupational specialty 11B (light weapons
infantryman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) Item 38
[Record of Assignment] shows he served in the Republic of Vietnam (RVN)
from
21 October 1966 through 7 June 1967, in Company B, 1st Battalion, 22nd
Infantry, 4th Infantry Division.


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

6.  Item 40 [Wounds] of the applicant's DA Form 20 shows that the applicant
was wounded in right arm and right side of chest on 25 May 1967.

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters 4th Infantry Division General Orders Number 1278,
dated
10 June 1967, awarding the applicant the Purple Heart, for wounds he
received in connection with military operations against a hostile force on
24 May 1967.

8.  The applicant’s DD Form 214 shows that has been awarded the National
Defense Service Medal, the Combat Infantryman Badge, the Republic of
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the
Sharpshooter Badge (Rifle).  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 Company B, 1st Battalion, 22nd Infantry 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
54 dated 1974.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the Company B, 1st Battalion, 22nd Infantry
it was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Headquarters Department of the Army General
Orders Number 53, dated 1970.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three 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 II, Vietnam
Counteroffensive Phase III, and Tet Counteroffensive, a total of three
campaigns.

13.  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.

14.  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.  The applicant contends that he was awarded the Purple Heart and that it
was never added to his DD Form 214.

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

3.  The applicant’s record confirms that he received “Excellent” conduct
and efficiency ratings at all of his active duty assignments.  Further the
record is void of any derogatory information or a specific disqualification
by any of the active duty unit commanders for whom he served.  As a result,
it would be appropriate to award the applicant the first award of the Army
Good Conduct Medal, for his qualifying period of honorable active duty
service from 2 June 1966 through
12 April 1968.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is
entitled to correction of his record to show these awards.

5.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is entitled to correction of his
record to show award of three bronze service stars to be worn on his
already awarded Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
11 April 1971.  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:

___JNS__  ___DP__  ___MJF _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___       _   ________  ________  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 showing:

           a.   showing he was awarded the Purple Heart for wounds
sustained in action in Vietnam on 24 May 1967;

            b.  awarding him the first award of the Army Good Conduct
Medal, for his qualifying honorable active duty service from 2 June 1966
through 12 April 1968; and
            c.  showing he was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation  and three bronze service stars to be worn
on his already awarded Vietnam Service Medal.



                            ____John N. Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003453                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/08/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/04/12                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Early Separation for Overseas Returnee  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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