RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         1 November 2005
      DOCKET NUMBER:  AR20050003895


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect that he has never received his award of
the Purple Heart for wounds he received on 27 February 1971, while serving
in the Republic of Vietnam (RVN).

3.  The applicant provides the following documentation in support of his
application:  Armed Forces of the United States Report of Transfer or
Discharge (DD Form 214); Clinical Record Cover Sheet; and Department of
Veterans Affair Statement in Support of Claim (VA Form 21-4138).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 December 1971.  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 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 he enlisted into the Regular Army and
entered active duty on 16 February 1970.  He trained in, was awarded and
served in military occupational specialty 13A (Field Artillery Basic).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
served in the RVN from 10 July 1970 through 6 March 1971, and that he was
assigned to B Battery, 2nd Battalion, 94th Artillery.

5.  The applicant's Department of the Army Form 20 in Item 40 (Wounds) is
blank and Item 41 (Awards and Decorations) does not include the PH in the
list of authorized awards entered.



6.  On 23 December 1971, the applicant was honorably released from active
duty (REFRAD) after completing 1 year, 10 months, and 8 days of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the
National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign
Medal w/60 Device.

7.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.
This search revealed an entry pertaining to the applicant that confirms he
was wounded in action in the RVN on 28 February 1971.

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

10.  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.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.

12.   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 during his tenure of
assignment, the applicant’s unit (B Battery, 2nd Battalion, 94th Artillery)
received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
It also shows that during the period of his assignment, campaign credit was
given for the Vietnam Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence to show a member was wounded in action, was
treated for the wound and a record of this treatment must have been made a
matter of official record.

2.  The evidence of record confirms the applicant was wounded in action on
28 February 1971, while serving in the RVN, as evidence by the entry on
Vietnam Casualty Roster, the official DA list of RVN battle casualties.
Therefore, the regulatory burden of proof necessary to support award of the
PH has been satisfied in this case.

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 16 February 1970 through
23 December 1971.

4.  The record also confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, and 1 bronze service star with his Vietnam
Service Medal.  Thus, it would also be appropriate to add these awards to
his record and separation document at this time.

BOARD VOTE:

___JEA _  ___TEO _  __CAK__  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 28 February 1971;

           b.  awarding him the first award of the Army Good Conduct Medal,
for his qualifying honorable active duty service from 16 February 1970
through 23 December 1971; and

      c.  showing he was awarded the RVN Gallantry Cross with Palm Unit
Citation, and one bronze service star to be worn on his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these awards.




                            _____James E. Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003895                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/11/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/12/21                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Early separation                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|                        |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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