RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050004058


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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, correction of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show award
of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in action and
should receive the Purple Heart.

3.  The applicant provides a copy of a one-page document titled "C Company
Casualties", dated 31 October 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 July 1972, the date of his separation from active duty.  The
application submitted in this case is dated 4 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 military service record shows that he enlisted in the
U.S. Army on 19 January 1967.  Upon completion of basic combat training,
advanced individual training, and basic airborne training, the applicant
was awarded military occupational specialty (MOS) 11C (Infantry Indirect
Fire Crewman).

4.  The applicant's military service record shows that he was assigned to
Company C, 4th Battalion (Airborne), 173rd Airborne Brigade (Separate),
503rd Infantry Regiment in Vietnam, from 17 August 1967 through 16 January
1968.  On 17 January 1968 he was admitted to the 106th General Hospital and
medically evacuated from Vietnam on 17 February 1968.  The applicant
reenlisted on 17 July 1968 and later reclassified into MOS 44C (Welder).
He was honorably separated from the U.S. Army on 14 July 1972 after serving
on active duty for a total of 5 years, 5 months, and 26 days.

5.  The applicant's DD Form 214, with an effective date of 16 July 1968,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the Vietnam
Service Medal, Parachutist Badge, and National Defense Service Medal.

6.  The applicant's DD Form 214, with an effective date of 14 July 1972,
shows in Item 24 that he was awarded the National Defense Service Medal and
Good Conduct Medal.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 13
August 1967 through 17 February 1968.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase III
campaign.  Item 41 (Awards and Decorations) shows that he was awarded the
National Defense Service Medal, Parachutist Badge, Vietnam Service Medal,
Vietnam Campaign Medal with "1960" Device, Army Commendation Medal, Army
Commendation Medal with First Oak Leaf Cluster, Combat Infantryman Badge,
Expert Marksmanship Qualification Badge with (.45 Caliber) Pistol Bar,
Sharpshooter Marksmanship Qualification Badge with (M-16) Auto Rifle Bar,
and one Overseas Service Bar.

8.  In support of his request, the applicant provides a copy of a one-page
document titled "C Company Casualties", dated 31 October 2003, which lists
him as having been wounded in action on 23 November 1967.

9.  The applicant's record contains a copy of Headquarters, 173rd Airborne
Brigade (Separate) (Vietnam), General Orders Number 674, dated 24 March
1968, which shows he was awarded the Purple Heart for wounds received in
connection with military operations against a hostile force on 23 November
1967.

10.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Forms 214.

11.  The applicant's record contains a copy of Headquarters, 173rd Airborne
Brigade (Separate) (Vietnam), General Orders Number 1995, dated
30 December 1967, which shows he was awarded the Army Commendation Medal
with "V" Device for heroism in connection with military operations against
a hostile force on 6 November 1967.



12.  The applicant's record contains a copy of Headquarters, 173rd Airborne
Brigade (Vietnam), General Orders Number 1411, dated 20 May 1968, which
shows he was awarded the Army Commendation Medal with "V" Device (First Oak
Leaf Cluster) for heroism in connection with military operations against a
hostile force on 11 November 1967.

13.  The applicant's record contains a copy of Headquarters, 173rd Airborne
Brigade (Separate) (Vietnam), General Orders Number 52, dated 21 February
1968, which shows he was awarded the Combat Infantryman Badge.

14.  The applicant's records show that Headquarters, U.S. Army Training
Center and Infantry, Fort Gordon, Georgia, Special Orders Number 68, dated
23 May 1967, awarded the applicant the Expert Marksmanship Qualification
Badge with (.45 Caliber) Pistol Bar.

15.  The applicant's records show that Headquarters, U.S. Army Training
Center and Infantry, Fort Gordon, Georgia, Special Orders Number 54, dated
24 April 1967, awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with (M-16) Auto Rifle Bar.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  TET Counteroffensive and Vietnam
Counteroffensive Phase III; a total of two campaigns.

17.  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, at the time of the
applicant's assignment to the 4th Battalion, 173rd Airborne Brigade
(Separate), 503rd Infantry Regiment (Vietnam), the unit was cited for award
of the Presidential Unit Citation by Headquarters, Department of the Army,
General Orders (DAGO) Number 6 (1967), as amended by DAGO Number 42 (1969),
DAGO Number 5 (1979), and DAGO Number 2 (1982).

18.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 4th Battalion, 173rd Airborne Brigade
(Separate), 503rd Infantry Regiment (Vietnam), the unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 51 (1971).


19.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  As with all personal decorations, formal
recommendation, approval through the chain of command, and announcement in
orders are required; however, there is no statute of limitations governing
requests for award of the Purple Heart.

20.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.    This document also provides, in pertinent part,
that the bronze “V” device indicates acts of heroism involving conflict
with an armed enemy and authorizes the bronze “V” device in conjunction
with award of the Army Commendation Medal.  Although more than one award of
the Army Commendation Medal may be made for heroism to the same person, the
regulation provides that only one “V” device may be worn on the Army
Commendation Medal.  This Army regulation states, in pertinent part, that
the first oak leaf cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the Army Commendation Medal.
As with all personal decorations, formal recommendations, approval through
the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Award of the Combat Infantryman Badge during the Vietnam Conflict
was announced in unit special orders, normally published at battalion or
brigade level.

22.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne
unit, or the Airborne Department of the Infantry School, or have
participated in at least one combat parachute jump.

23.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

24.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

25.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation is awarded for extraordinary heroism in action.
A unit must display such gallantry, determination, and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

26.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of 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 Republic of Vietnam Campaign Medal with "1960" Device.

27.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.



28.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides 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 for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was wounded in action in Vietnam and should receive
the award; however, it is not annotated on his DD Form 214.  In support of
his claim, the applicant provides a copy of a document that identifies his
unit's casualties during the period 30 June 1967 through 17 June 1968 and
which lists him as being wounded in action on 23 November 1967.

2.  General Orders awarded the applicant the Purple Heart for wounds
received in connection with military operations against a hostile force on
23 November 1967.  Therefore, his records should be corrected to show this
award.

3.  General Orders awarded the applicant the Army Commendation Medal with
"V" Device for heroism in connection with military operations against a
hostile force on 6 November 1967.   General Orders also awarded the
applicant the Army Commendation Medal with "V" Device (First Oak Leaf
Cluster) for heroism in connection with military operations against a
hostile force on 11 November 1967.  Therefore, his records should be
corrected to show these two awards.

4.  Special Orders awarded the applicant the Combat Infantryman Badge.
Therefore, his records should be corrected to show award of the badge.

5.  The evidence of records shows that the applicant was awarded the basic
Parachutist Badge.  Therefore, his discharge document should be corrected
to show this badge.



6.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Pistol Bar and Sharpshooter Marksmanship
Qualification Badge with Auto Rifle Bar.  Therefore, his records should be
corrected to show award of these two badges.

7.  The evidence of records shows that the applicant participated in two
campaigns in Vietnam.  Therefore, he is entitled to correction of his
records to show award of two bronze service stars to be affixed to his
Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Presidential Unit
Citation.  Therefore, it would be appropriate to correct his records to
show this unit award.

9.  The evidence of records shows that the applicant qualified for award of
the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, his
records should be corrected to show this foreign service award.

10.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

11.  Records show that the applicant served a total of six months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of one Overseas Service Bar.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 July 1975.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is no statute of limitations on requests for
award of the Purple Heart.
BOARD VOTE:

___JS___  __PHM__  __LJO___  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 adding the following awards to his DD
Form 214:
Purple Heart, Army Commendation Medal with "V" Device (First Oak Leaf
Cluster), Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship
Qualification Badge with Pistol Bar, Sharpshooter Marksmanship
Qualification Badge with Auto Rifle Bar, Vietnam Service Medal with 2
bronze service stars, Presidential Unit Citation, Republic of Vietnam
Campaign Medal with "1960" Device, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and 1 Overseas Service Bar.




                            ______JOHN SLONE_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004058                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720714                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2, Section VI       |
|DISCHARGE REASON        |Transferred to USAR                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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