RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20050003825


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Bronze Star Medal and the Purple Heart.

2.  The applicant states he was awarded these medals, but they were not
entered on his DD Form 214.

3.  The applicant provides:

      a.  A copy of Permanent Order 269-09, US Total Army Personnel
Command, Alexandria, Virginia, dated 25 September 2000, awarding him the
Purple Heart for wounds received in the Republic of Vietnam (RVN).

      b.  A copy of his Bronze Star Medal Certificate and Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 December 1969.  The application submitted in this case is
dated 3 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 Board noted the applicant’s request for award of the Bronze Star
Medal.  However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Bronze Star Medal under
this provision of law.  As a result, award of the Bronze Star Medal
requested by the applicant is not discussed further in these Proceedings.

4.  The applicant served in the Army of the United States from 11 March
1968 to 12 December 1969.  He spent 11 months and 26 days in RVN from
December 1968 through November 1969 assigned to the 514th Quartermaster
Company.

5.  The applicant's DD Form 214 shows that he was awarded the National
Defense Service Medal, Vietnam Service Medal with 1 bronze service star,
the Vietnam Campaign Medal, 2 overseas service bars, the Expert
Marksmanship Qualification Badge (M-16 Rifle), and the Marksman
Marksmanship Qualification Badge (M-14 Rifle).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency ratings were "excellent" throughout his military
service and that he had no court-martial convictions.

7.  In 2000, the applicant contacted the National Personnel Records Center
(NPRC), St. Louis, Missouri seeking award of the Bronze Star Medal and the
Purple Heart.  His entitlement to the Purple Heart was verified and the
Military Awards Branch, US Total Army Personnel Command issued orders for
that award on 25 September 2000.  On 4 October 2000, the Military Awards
Branch advised the applicant his Purple Heart was not added to his DD Form
214 because that document was unavailable.

8.  On 18 September 2002, the US Army Reserve Personnel Command, St. Louis,
Missouri notified the applicant that, despite his providing a copy of his
Bronze Star Medal Certificate and Citation, his entitlement to that award
could not be verified.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part, the Good Conduct Medal (GCMDL) is awarded to
Soldiers 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.  Army
Regulation 672-5-1, in effect at the time the applicant was discharged,
required that throughout a qualifying period of service for award of the
Good Conduct Medal the Soldier must have had all “excellent” conduct and
efficiency ratings and no convictions by a court-martial.

10.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and
Campaign Participation Credit Register) lists the unit awards received by
units serving in Vietnam.  This document shows the unit to which the
applicant was assigned was cited for award of the Vietnam Gallantry Cross
Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.

11.  DA PAM 672-3 shows that the applicant served in RVN during 4
campaigns: Vietnam Counteroffensive, Phase VI (2 November 1968 to 22
February 1969); TET 69 Counteroffensive (23 February to 8 June 1969);
Vietnam Summer-Fall 1969 (9 June to 31 October 1969); and Vietnam Winter-
Spring 1970 (1 November 1969 to 30 April 1970).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart on permanent orders issued
by the US Total Army Personnel Command.  This award should be added to his
DD Form 214.

2.  The applicant demonstrated "excellent" conduct and efficiency ratings
throughout his military service and was never convicted by courts-martial;
he should have been awarded the Good Conduct Medal and that award should
have been added to his DD Form 214.

3.  A review of the applicant's records reveals that he is entitled to
award of the Vietnam Gallantry Cross Unit Citation with Palm and 3
additional bronze service stars for wear on his Vietnam Service Medal.  His
DD Form 214 should reflect the Vietnam Gallantry Cross Unit Citation with
Palm and the Vietnam Service Medal with 4 bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jch___  __teo___  __phm___  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 that he was awarded the Purple
Heart, the Good Conduct Medal, the Vietnam Gallantry Cross Unit Citation
with Palm, and 4 bronze service stars for wear on his Vietnam Service
Medal.




                                  James C. Hise
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003825                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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