RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              12 JANUARY 2006
      DOCKET NUMBER:         AR20050004258


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 his records be corrected to reflect his
awards of the Purple Heart and the Bronze Star Medal (BSM) with “V” Device.

2.  The applicant states that he was awarded the Purple Heart while being
medically evacuated to Japan and he received the BSM with “V” Device while
in the field in Vietnam.  However, those awards were not included on his DD
Form 214 at the time of his separation.

3.  The applicant provides copies of medical documents related to his
wounds.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 25 February 1972.  The application submitted in this case is dated 9
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.  He was inducted in Detroit, Michigan, on 31 May 1968.  He completed his
basic combat training at Fort Knox, Kentucky and his advanced individual
training (AIT) at Fort Polk, Louisiana.

4.  Upon completion of his AIT he was transferred to Vietnam on 7 November
1968, for duty as a light weapons infantryman with Company C, 2nd
Battalion, 39th Infantry Regiment.  He was advanced to the pay grade of E-3
on 16 November 1968.

5.  On 2 January 1969, the applicant was wounded in action against the
enemy while participating in a reconnaissance-in-force mission.  He was
awarded the Purple Heart on 3 January 1969 by the 29th Evacuation Hospital.

6.  On 7 February 1969, he was awarded the Army Commendation Medal (ARCOM)
with “V” Device for the 2 January 1969 mission in which he was wounded.
The award was authorized by General Orders Number 1393 published by
Headquarters, 9th Infantry Division.

7.  On 21 April 1969, he was honorably discharged for the purpose of
immediate reenlistment.  He had served 1 year and 21 days of total active
service and his DD Form 214 issued at the time of his discharge shows he
was awarded the National Defense Service Medal, the Vietnam Service Medal
(VSM), the Combat Infantryman Badge, and his marksmanship badges.

8.  On 22 April 1969, he reenlisted for a period of 3 years.  He departed
Vietnam on 6 November 1969 and was transferred to Fort Hood, Texas.  He
remained at Fort Hood until he was transferred back to Vietnam on 13
February 1971.

9.  He remained in Vietnam until 21 January 1972 when he was transferred to
Fort Knox, Kentucky, for enrollment in a drug treatment program.  On 25
February 1972, he was honorably discharged under the provisions of Army
Regulation 635-200 as an early separation for other good and sufficient
reasons determined by the Department of the Army.  He had served 2 years, 9
months and 21 days of active service during his current enlistment and a
total of 3 years, 10 months and 11 days of total active service.  He was
awarded the Republic of Vietnam Campaign Medal.

10.  A review of the applicant’s official records fails to show that he was
awarded the BSM with “V” Device.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation for the period he served with the
unit.  He also served in eight campaigns during his service in Vietnam and
is entitled to be awarded one silver and three bronze service stars for
wear on his already awarded VSM.





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly establishes that the applicant was
awarded the Purple Heart and the ARCOM with “V” Device and that they were
omitted from his records at the time of his separation from the service.
Accordingly, they should be added at this time.

2.  The applicant’s contention that he was awarded the BSM with “V” Device
has been noted.  However, the applicant has failed to show through the
evidence submitted with his application or the evidence of record that such
was the case.  Therefore, there appears to be no basis to add that award to
his records.

3.  However, the evidence of record does show that his unit was awarded,
subsequent to his departure, the RVNGC w/Palm Unit Citation and the RVNCAHM-
FC Unit Citation.  Additionally, he participated in eight campaigns while
in Vietnam and is thus entitled to be awarded one silver and three bronze
service stars for wear on his already awarded VSM.,

BOARD VOTE:

________  ________  ________  GRANT RELIEF

____LS__  ___RB __  ___RN __  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 by showing that he was
awarded the Purple Heart and the ARCOM w/ “V” Device and by awarding him
the RVNGC W/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver
and three bronze service stars for wear on his already awarded VSM.

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
showing he was awarded the BSM w/ “V” Device.




            ____Linda Simmons__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004258                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720225                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 21L . . . . .           |
|DISCHARGE REASON        |Early Sep for Other Good                |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/bsm                                  |
|1.107.0014              |                                        |
|2.107.0015              |61/ph                                   |
|3.107.0020              |66/arcom                                |
|4.107.0094              |140/rvngc                               |
|5.107.0095              |141/rvncahm                             |
|6.                      |                                        |


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