RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 December 2005
      DOCKET NUMBER:  AR20050003662


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 his records be corrected to
reflect his award of the Purple Heart and Army Commendation Medal (ARCOM)
with “V” Device and that he be awarded the Good Conduct Medal (GCMDL).

2.  The applicant states, in effect, that he was awarded the Purple Heart
and it was omitted from his DD Form 214 at the time of his release from
active duty (REFRAD).  He goes on to state that he was awarded the ARCOM
with “V” Device.  However, the “V” Device is not reflected on his DD Form
214.  He also states that he was an excellent soldier and believes he
should have received the GCMDL.

3.  The applicant provides a copy of orders awarding him the Purple Heart
and the ARCOM with “V” Device and copies of documents from his medical
records confirming that he was wounded, treated and awarded the Purple
Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 October 1968.  The application submitted in this case is
dated 2 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 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 was inducted in Kansas City, Missouri, on 4 October 1966 and was
transferred to Fort Leonard Wood, Missouri, to undergo his training.  He
completed his training as a combat engineer and was transferred to Vietnam
on 10 April 1967, for assignment to Headquarters Company, 19th Engineer
Battalion.  He was advanced to the pay grade of E-4 on 16 November 1967.

4.  On 8 February 1968, he was awarded the ARCOM with “V” Device for the
period of 18 August to 17 September 1967.

5.  The applicant was wounded during an ambush on 3 March 1968, when he
received a bullet wound to his right thigh.  He was awarded the Purple
Heart on 4 March 1968 at the 2nd Surgical Hospital.

6.  He was transferred to the 7th Field Hospital in Japan on 9 March 1968
and on 4 April 1968, he was transferred to Irwin Army Hospital, Fort Riley,
Kansas.

7.  He was transferred to Fort Hood, Texas, on 26 June 1968 and remained
there until he was honorably REFRAD on 3 October 1968, due to the
expiration of his term of service (ETS).  He had served 2 years of total
active service and his DD Form 214 issued at the time of his REFRAD
indicates that he was awarded the National Defense Service Medal, the
Vietnam Service Medal with three bronze service stars, the Republic of
Vietnam Campaign Medal and the ARCOM.

8.  A review of his records shows 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).

9.  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.

10.  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 during the period he was assigned to the unit.





DISCUSSION AND CONCLUSIONS:

1.  The applicant was clearly awarded the Purple Heart for wounds received
in action in Vietnam and therefore is entitled to have that award entered
into his records.

2.  Additionally, he was also awarded the ARCOM with “V” Device and the “V”
Device was omitted from his DD Form 214 at the time of his REFRAD.
Accordingly, his records should be corrected to reflect the award of the
ARCOM with “V” Device instead of just the ARCOM that is currently reflected
on his DD Form 214.

3.  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 4 October 1966 through 3 October 1968.  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.

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation.  Accordingly, he is entitled to be awarded that award
at this time as well.

BOARD VOTE:

__rtd___  __jbg___  __swf___  GRANT 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 awarding him the GCMDL for the period
of 4 October 1966 to 3 October 1968 and the RVNGC w/Palm Unit Citation and
by showing that he was awarded the Purple Heart and the ARCOM W/ ”V” Device
instead of the ARCOM that is currently reflected on his DD Form 214



                 Richard T. Dunbar
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003662                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0020              |66/ARCOM                                |
|3.107.0056              |102/GCMDL                               |
|4.107.0094              |140/RVNGC                               |
|5.                      |                                        |
|6.                      |                                        |


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