RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050004205


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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 he be awarded two additional
Purple Hearts; in effect, the Purple Heart, with two oak leaf clusters.

2.  The applicant states, in effect, that he was wounded on 30 October 1968
and on 9 March 1969; so, why didn't he receive Purple Hearts for these
wounds?  He was awarded a Purple Heart for wounds receive on 8 June 1968.

3.  The applicant submits a copy of a Western Union addressed to his
mother, dated 11 March 1969; and a copy of an unclassified message, date
and time group 111355Z March 1969, Subject:  Friar Report Number 6208, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 May 1969.  The application submitted in this case is dated 7
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 he was inducted into the Army of
the United States on 2 June 1967.  He completed basic combat training at
Fort Campbell, Kentucky, and his advanced individual training at Fort Polk,
Louisiana. After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant was selected for and was enrolled in  the  Noncommissioned
Officer Candidate School on 20 October 1967.  He was promoted to corporal,
E-4, on 23 October 1967 and to sergeant, E-5, on 5 February 1968.

5.  The applicant served in Vietnam from 5 May 1968 through 4 May 1969,
with Company A, 2nd Battalion, 12th Infantry Regiment, 25th Infantry
Division.
6.  The applicant was honorably released from active duty, on 5 May 1969,
under the provisions of Army Regulation (AR) 635-200, early release of
overseas returnee.  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 4 days active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the Bronze Star Medal; Purple Heart; National Defense
Service Medal; Vietnam Service Medal; Republic of Vietnam Campaign Medal;
Republic of Vietnam Gallantry Cross; and the Combat Infantryman Badge.
The Purple Heart, with two oak leaf clusters, is not shown on the
applicant's DD Form 214.

8.  An entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted
Qualification Record, shows he received a wound to the left buttocks on
30 October 1968 and fragmentation wounds to the right chest on 9 March
1969.

9.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, shows
the applicant was awarded the Purple Heart, by General Orders Number 131,
published by the 12th Evacuation Hospital, on 10 June 1968, for wounds he
received on 8 June 1968.  These orders are on file in the applicant's
service personnel records.

10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart for wounds he received on 30 October 1968 and
on 9 March 1969.

11.  The Western Union and the unclassified message (Friar Report Number
6208) both reported the applicant had been slightly wounded in the right
chest on 9 March 1969 while he was on a combat operation when hit by
fragments from a hostile booby trap.

12.  The applicant's name appears on the Vietnam Casualty List; however,
only an entry for the wound he sustained on 9 March 1969 was found.
Entries for the wounds he sustained on 8 June 1968 and on 30 October 1968
were not found.

13.  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.
14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

15.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through
22 February 1969; and the Tet 69 Counteroffensive, which extended from
23 February through 8 June 1969.

16.  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 Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, by Department of the Army General Orders
(DAGO) Number 48, for the period 1 August 1967 through August 1968, dated
1971; and for the period 1 September 1968 through 30 September 1970, by
DAGO Number 5, dated 1973.  The applicant's unit was also awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the period 1 August 1967 through August 1968, by DAGO Number 51, dated
1971.

17.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 173, Paragraph
35, published by Headquarters, US Army Training Center, Fort Campbell,
Kentucky, on 18 July 1967.

18.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], in Special Orders Number 234,
Paragraph 216, published by Headquarters, Fort Polk, Louisiana, on
9 September 1967.

19.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 234,
Paragraph 213, published by Headquarters, Fort Polk, Louisiana, on
9 September 1967.

20.  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.

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 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.

23.  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.

24.  AR 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.

25.  AR 600-200, Chapter 9, Paragraph 9-53, in effect at the time of the
applicant's service, specified that a brief description of wounds or
injuries (including injury from gas) requiring medical treatment, received
through hostile or enemy action, including those requiring hospitalization
would be made in Item 40 (Wounds) of the Soldier's DA Form 20.
Additionally, the date wounded or injured would be entered in this item.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple Heart
for a wound he sustained on 8 June 1968.  Orders awarding the applicant
this Purple Heart are on file in the applicant's service personnel records.

2.  The applicant's name appears on the Vietnam Casualty List but shows
only the wound he received on 9 March 1969.  There are no entries on the
Vietnam Casualty List for the wounds he received on 8 June 1968 and on 30
October 1968.

3.  The applicant's DA Form 20 shows he was wounded in action on 9 March
1969 and on 30 October 1968.  Entries were made in his personnel
qualification record in accordance with guidance in effect at the time he
was wounded.  There is no evidence he was awarded a Purple Heart or oak
leaf cluster(s) for these wounds.  The applicant is therefore entitled to
award of two additional Purple Hearts, or in effect, the Purple Heart, with
two oak leaf clusters, and to have them shown on 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
Combat Infantryman Badge, and served in the rank of sergeant on the
battlefield of Vietnam.  The applicant was not awarded the Good Conduct
Medal, it appears, as a result of administrative oversight rather than
something that he did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 2
June 1967 through 5 May 1969.

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, and to have these awards added to his DD Form 214.

6.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation (two awards); and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation while he was
a member of the unit.  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 Marksman Marksmanship Qualification
Badge, with Rifle and with Automatic Rifle Bar.  This marksmanship
qualification badge does not appear on his DD Form 214.  He is entitled to
have this badge added to his DD Form 214.

8.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Machinegun Bar.  This marksmanship qualification badge does not
appear on his DD Form 214.  He is entitled to have this badge added to his
DD Form 214.

9.  The applicant served in Vietnam for 1 year.  He is therefore entitled
to award of two overseas service bars and to have these overseas service
bars added to his DD Form 214.

BOARD VOTE:

__JTM __  _MM____  _RGS___  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 Purple Heart, the Vietnam Service Medal, and the
Vietnamese Gallantry Cross from the applicant's DD Form 214;

      b.  awarding the applicant the Purple Heart, with two oak leaf
clusters, for wounds he received in action against a hostile enemy on 8
June and 30 October 1968, and 9 March 1969, and adding this award to his
DD Form 214;

      c.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and adding this award to the applicant's DD Form
214;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation (two awards), and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation; and adding these unit
awards to his DD Form 214;

      e.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle Bar and the Automatic Rifle Bar, to the applicant's DD
Form 214; and

      f.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Machinegun Bar to the applicant's DD Form 214.




                                   __John T. Meixell_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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