RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050003459


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 he be awarded the Purple Heart,
National Defense Service Medal (NDSM), the Republic of Vietnam Campaign
Medal (RVNCM), the Vietnam Service Medal (VSM) with two bronze service
stars, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm)
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First
Class (RVNCAHM-FC) Unit Citation, the Air Medal, the Good Conduct Medal
(GCMDL), the Presidential Unit Citation (PUC), the Meritorious Unit
Commendation (MUC) and the Valorous Unit Award (VUA).

2.  The applicant states, in effect, that he did not receive all of his
awards upon leaving Vietnam and that he was wounded in Vietnam and never
received his Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
enlisted qualification record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 January 1966.  The application submitted in this case is
dated 28 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.  He enlisted in Atlanta, Georgia, on 23 January 1963, for a period of 3
years under the airborne enlistment option.  He completed his basic combat
training at Fort Gordon, Georgia, and his airborne training at Fort
Benning, Georgia.  Upon completion of his airborne training he was assigned
to Fort Benning for his first assignment and additional training.  He was
initially assigned to the 3rd Battalion, 187th Infantry Regiment and on 1
July 1965, he was transferred to Company B, 1st Battalion, 12 Cavalry
Regiment at Fort Benning.

4.  On 20 August 1965, he was transferred to Vietnam with his unit and
remained there until 20 January 1966, when he was transferred to Oakland
Army Base, California, where he was honorably released from active duty on
21 January 1966 as an overseas returnee.  He had served 2 years, 11 months
and 29 days of total active service and was awarded the Parachutist Badge,
the Combat Infantryman Badge and the VSM.

5.  A review of the available records, to include the Vietnam Casualty
Listing, fails to show any evidence that the applicant was wounded as a
result of enemy action, that the treatment was made a matter of record or
that he was reported as a casualty.

6.  A review of the applicant’s records does show that he received
excellent conduct and efficiency ratings throughout his service and his
records are void of any derogatory information that would serve to
disqualify him for award of the Good Conduct Medal (GCMDL).

7.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

8.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the PUC during the period he was assigned
to the unit.  Additionally, he participated in two campaigns and thus is
entitled to be awarded two bronze service stars for wear on his already
awarded VSM.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This award is primarily intended for personnel on flying status, but may
also be awarded to those personnel whose combat duties require them to fly,
for example personnel in the attack elements of units involved in air-land
assaults against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

11.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the National Defense Service Medal is awarded for honorable active service
for any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

12.  Army Regulation 600-8-22 (Military Awards) 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.  The applicant has failed to show through evidence submitted with his
application or the evidence of record, sufficient evidence to establish his
entitlement to the Purple Heart.  Therefore, lacking evidence to show that
he was wounded as a result of enemy action and that the treatment was made
a matter of record, there is no basis to award him the Purple Heart at this
time.

2.  The applicant has also failed to show that he was awarded the Air Medal
or that he served the minimum time in Vietnam (6 months) to qualify for
award of the RVNCM.  Accordingly, there is no basis to award him those
awards at this time.

3.  The applicant’s unit was not awarded the RVNCAHM-FC Unit Citation, the
MUC or the VUA during the period he served with the unit.  Accordingly,
there is no basis to grant his request for those awards as well.

4.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 23 January 1963 through 21 January 1966.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

5.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and the PUC.  He also participated in two campaigns
while in Vietnam and therefore is entitled to be awarded two bronze service
stars for wear on his already awarded VSM in addition to the RVNGC w/Palm
Unit Citation and the PUC.

6.  The applicant also served during a period in which the NDSM was
authorized and therefore, he is entitled to be awarded the NDSM at this
time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___slp__  __mhm___  __alr___  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 awarding him the GCMDL
for the period of 23 January 1963 to 21 January 1966, the NDSM, the RVNGC
w/Palm Unit Citation, the PUC, and two bronze service stars for wear on his
already awarded VSM.

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, Air Medal, RVNCAHM-FC Unit Citation, the RVNCM,
the MUC and the VUA.



                 Shirley L. Powell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003459                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0018              |64/am                                   |
|3.107.0034              |80/muc                                  |
|4.107.0056              |102/gcmdl                               |
|5.107.0069              |115/ndsm                                |
|6.107.0088              |134/rvncm                               |


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