RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050004160


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 he be awarded the Purple Heart.

2.  The applicant states he was wounded in 1968 while serving in Vietnam.
He broke his big toe while being mortared.

3.  The applicant provides a Certificate of Service in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 December 1968, the date of his release from active duty.
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 records show the applicant entered active duty on 12 May 1967,
completed training, and was awarded the military occupation specialty (MOS)
76P (Stock Control and Accounting Specialist).

4.  The applicant's service medical records are on indefinite loan to the
Department of Veterans Affairs and are not available for Board review.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates
at:

      a.  Block 31 (Foreign Service), service in Vietnam from 7 October 1967
to 15 December 1968;


      b.  Block 33 (Appointments), advancement to specialist four (E-4) on
20 February 1968;


      c.  Block 38 (Record of Assignments), service with the Headquarters
and Headquarters Detachment, US Army Depot, from 10 October 1967 through
22 October 1967; 59th Field Service Company, from 23 October 1967 through
10 September 1968; and the Headquarters and Headquarters Detachment,
US Army Depot, from 11 September 1968 through 10 December 1968;

      d.  Block 38 also records his conduct and efficiency ratings as
exclusively excellent;


      e.  Block 39 (Campaigns), service during three campaign periods;


      f.  Block 40 (Wounds), is blank; and


      g.  Block 41 (Awards), lists his awards as the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with "1960" device, the Sharpshooter Badge with Rifle Bar (for the M-
14 rifle), and the Marksman Badge with Rifle Bar (for the M-16 rifle).


6.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows the
applicant was honorably separated from active duty on 14 December 1968.  It
lists his awards as the National Defense Service medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, and the Expert Badge with
Rifle Bar (for the M-16 rifle).

7.  A review of the Vietnam Casualty Roster failed to locate the
applicant's name.

8.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign force against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Army Regulation 600-8-22, chapter 4 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, unfavorable consideration was normally noted on the DA Form 20.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following five campaign periods:  the Counteroffensive Phase
III, 1 June 1967 - 29 January 1968; the Tet Counteroffensive, 30 January
1968 - 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June
1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the
Counteroffensive Phase VI, 2 November 1968 – 22 February 1969.

11.  Department of the Army General Orders 8 of 1974 awarded the Republic
of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters,
U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28
March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no available medical records to show that the applicant was
treated for wounds received while in action against the enemy or as the
result of enemy action.  Block 40 (wounds) on his DA Form 20 (Enlisted
Qualification Record) is blank and the Purple Heart is not listed in Block
41 (Awards and Decorations).  Block 26 (Decorations and Awards) of his DD
Form 214 (Report of Separation from Active Duty) does not list the Purple
Heart as an authorized award.

2.  There is insufficient evidence to award the applicant the Purple Heart.

3.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his conduct and efficiency ratings and his
promotion to E-4.  The record contains no indication of any disqualifying
incidents or recommendations.  It is appropriate to award the applicant the
Good Conduct Medal for his period of service from 12 May 1967 through 14
December 1968.

4.  In addition to the awards listed on his DD Form 214, the applicant is
also authorized the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and to wear one silver service star on his Vietnam Service Medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

     JCH__ __REB___  __JRM__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the applicant
the Good Conduct Medal.

2.  Additionally, the Board determined that, in addition to the awards
listed on his DD Form 214, the applicant is also authorized the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and to wear one silver
service star on his already awarded Vietnam Service Medal.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004160                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
| 2.                     |                                        |
| 3.                     |                                        |
| 4.                     |                                        |
| 5.                     |                                        |
| 6.                     |                                        |


-----------------------
[pic]