RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050004213


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his records to show award of the
Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, that he was injured by shrapnel and
should have been awarded the Purple Heart.  He further states that he was
awarded the Bronze Star Medal and that he never received the orders.

3. The applicant provides a self-authored statement dated 10 November 1996
and a DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 19 April 1970.  The application submitted in this case is dated 11 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.

4.  The applicant was inducted on 20 May 1968 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty (MOS) 13B (Field Artillery).



5.  The applicant arrived in Vietnam and was assigned to B Battery, 1st
Battalion, 14th Artillery on or about 8 August 1969.  He departed Vietnam
on or about 15 April 1970 after being credited with participating in two
campaigns.

6.  The applicant was honorably released from active duty on 19 April 1970
and transferred to the U.S. Army Reserve Control Group after completing
1 year and 11 months of creditable active service with no lost time.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the
Expert Marksmanship Qualification Badge (M-14), and the Sharpshooter
Marksmanship Qualification Badge (M-16).

8.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

9.   Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

10.  The applicant's Army Medical Treatment Records are unavailable.

11.  The applicant submitted a self-authored statement, dated 10 November
1996.  He stated, in effect, that he was wounded by shrapnel on his left
arm by enemy mortar fire and that he was treated for his wound by a medic.
He continued that the next morning he reported his injury to the company
orderly room.

12.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

13.  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 1st Battalion, 14th Field Artillery, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 24 August 1969 through 31 December 1969 based on
Headquarters, Department of the Army General Orders Number 70, dated 1972.
14.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

15.  Army Regulation 600-8-22 (Military Awards) 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 request for award of the Purple Heart.

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

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 20 May 1968
through 19 April 1970.

3.  The applicant met the eligibility requirements for award of the
Republic of Vietnam Campaign Medal with device 1960.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  His participation in two campaigns entitles him to two bronze
service stars to be worn on his Vietnam Service Medal.  His DD Form 214
should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 April 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 April 1973.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LE____  __ PMS _  __ LGH _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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:

      a.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 20 May 1968 through 19 April 1970; and

      b.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Republic of Vietnam Campaign Medal with device 1960, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze
service stars to be worn on his Vietnam Service Medal.

2.  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.




                            ____ Lester Echols _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004213                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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