RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050003933


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 Combat Infantryman Badge be
added to his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, and that he be awarded the Purple Heart.

2.  The applicant states, in effect, that the Combat Infantryman Badge was
not added to his DD Form 214 when he was released from active duty and he
believes that the paperwork for award of the Purple Heart was lost and it
was never issued to him.

3.  The applicant submits a copy of his DD Form 214; a copy of the orders,
which award him the Combat Infantryman Badge; and a copy of three pages
of medically related documents; to support his request for award of the
Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 26 February 1971.  The application submitted in this case is
dated 10 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.  The applicant’s military records show that he was inducted into the
Army of the United States on 28 February 1969.  He completed basic combat
training at Fort Leonard Wood, Missouri, and his advanced individual
training at Fort Lewis, Washington.  After completing all required
training, he was awarded the military occupational specialty (MOS), 11B
(Light Weapons Infantryman).

4.  The applicant served in Vietnam from 26 July 1969 through 23 July
1970.  He served with Company A, 4th Battalion, 31st Infantry Regiment,
196th Infantry Brigade, from 26 July 1969 through 13 January 1970, and
with Headquarters and Headquarters Company, 196th Infantry Brigade, from
14 January 1970 through 23 July 1970, when he was returned to the United
States at the end of his tour of duty in Vietnam.
5.  The applicant was honorably released from active duty, on 26 February
1971, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Sergeant, E-5.  On the date he was released from active duty, he
had completed 1 year, 11 months, and 29 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the Bronze Star Medal; the Army Commendation Medal;
the Vietnam Service Medal, with two bronze service stars; the Republic of
Vietnam Campaign Medal, with '60 Device; and the National Defense Service
Medal.  The Combat Infantryman Badge and the Purple Heart are not shown on
the applicant's DD Form 214.

7.  The applicant was awarded the Combat Infantryman Badge, by Special
Orders Number 289, published by Headquarters, Americal Division, on 16
October 1969.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, Enlisted Qualification Record, showing the applicant was awarded the
Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name appears on the Vietnam Casualty List and is
identified with a code "23" which translates to "Hostile Wounded in Action
– Not Serious Hospitalized."

11.  Item 40 (Wounds), of the applicant's DA Form 20, is blank; however, a
DA Form 8-275-3, Clinical Record Cover Sheet, shows that the applicant was
admitted to the 95th Evacuation Hospital on 22 August 1969 for treatment of
multiple fragmentation wounds to the right hip he sustained in a firefight,
at about 1930 hours, on 22 August 1969, at Landing Zone West, in the
Republic of Vietnam.  This clinical record shows the Purple Heart was not
awarded at the 95th Evacuation Hospital.

12.  A DA Form 565-4, Clinical Record Cover Sheet, the applicant also
submitted to support his request for award of the Purple Heart corroborates
the entries made on the clinical record referred to in the paragraph above.
13.  A second DA Form 8-275-3 shows the applicant was transferred and
admitted to the 6th Convalescent Center on 28 August 1969 and remained
there for 11 days for treatment, observation, and recuperation.  At the end
of the convalescent period, he was returned to duty with the Americal
Division.

14.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

15.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal, with two bronze service stars; however, it does not show the correct
number of bronze service stars to which the applicant is entitled for his
campaign participation.

16.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Summer-Fall 1969, which extended from 9 June
through 31 October 1969; the Vietnam Winter-Spring 1970, which extended
from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive,
which extended from 1 May through 30 June 1970; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

17.  AR 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Presidential Unit Citation, for
the period 11 through 13 August 1969, by Department of the Army General
Orders (DAGO) Number 42, dated 1971; and the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 24 August through 31
December 1969 by DAGO 6, date 1974.  These unit awards are not shown on the
applicant's DD Form 214.
20.  The applicant's DA Form 20, in Item 29 (Qualification in Arms),
shows that the applicant earned the following marksmanship qualification
badges on the date shown:  the Expert Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle], on 9 April 1969; the Expert Marksmanship
Qualification Badge, with Machinegun Bar [M-60 Machinegun], on 26 May
1969; the Expert Marksmanship Qualification Badge, with Hand grenade Bar,
on 9 April 1969; and the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], on 3 June 1969.  These
marksmanship qualification badges are not shown on his DD Form 214.

21.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character)
and efficiency ratings must be recorded as "Excellent" except that ratings
of "Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

23.  Army Regulation 670-1, in effect at the time, governed the
requirements for the Overseas Service Bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant received multiple
fragmentation wounds to the right hip on 22 August 1969.  The applicant's
name appears on the Vietnam Casualty List.

2.  The evidence supports the applicant's contention that he did not
receive the Purple Heart.  Documentary evidence prepared by the evacuation
hospital and the convalescent center, where he received treatment for his
wounds, both attest to the fact that the Purple Heart was not awarded at
either of the two locations.  The applicant is therefore entitled to award
of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant was awarded the Combat Infantryman Badge.  This badge
was omitted from his DD Form 214 when he was released from active duty.
He is entitled to have the Combat Infantryman Badge added to his DD Form
214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was awarded the Bronze Star Medal, the Army
Commendation Medal, and the Combat Infantryman Badge while he served in
Vietnam.  The applicant was not awarded the Good Conduct Medal, it appears,
more as a result of administrative oversight rather than something he did
to disqualify himself from this award.  He is therefore eligible for award
of the Good Conduct Medal for the period 28 February 1969 through 26
February 1971 and to have it added to his DD Form 214.

5.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, as opposed to the Vietnam Service Medal, with two
bronze service stars, now shown on his DD Form 214.

6.  The applicant served in a unit at the time the unit was awarded the
Presidential Unit Citation and the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his
DD Form 214.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle, Hand grenade, and Machinegun Bars, and the Sharpshooter
Marksmanship Qualification Badge, with Automatic Rifle Bar.  These
marksmanship qualification badges are not shown on his DD Form 214.
He is entitled to have them added to his DD Form 214 at this time.

8.  The applicant served in Vietnam for over one year.  He is therefore
entitled to award of two overseas service bars and to have these bars added
to his DD Form 214.

BOARD VOTE:

__SK___  ___JTM_  __RLD___  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:

      a.  deleting the Vietnam Service Medal, with two bronze service
stars, now shown on the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, to correctly denote his campaign participation credit
while he served in Vietnam, and adding this award to the applicant's DD
Form 214;

      c.  awarding the applicant the Purple Heart for wounds he sustained
in Vietnam on 22 August 1969 and adding this award to his DD Form 214;

      d.  awarding the applicant the Presidential Unit Citation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214;

      e.  awarding the applicant two overseas service bars for his over one-
year service in Vietnam, and adding these bars to his DD Form 214; and

      f.  adding the already-awarded Combat Infantryman Badge, the Expert
Marksmanship Qualification Badge, with Rifle Bar, Hand Grenade Bar and
Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge, with
Automatic Rifle Bar, to the applicant's DD Form 214.




                            ___     Stanley Kelley_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003933                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.   157                |107.0111                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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