RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050004336


      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. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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, in effect, that he was wounded in the chin in
Vietnam on 7 February 1970 and was never awarded the Purple Heart for that
wound.  He goes on to state that the injury occurred during an enemy night
attack where the enemy was using rocket propelled grenades (RPG) and AK-
47s.

3.  The applicant provides two pages explaining his position on the matter
of his entitlement and a Standard Form 600 (Chronological Record of Medical
Care) from his medical records showing that he was treated for a lacerated
chin on 7 February 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 6 August 1971.  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 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 enlisted in Fresno, California, on 7 August 1969 for a period of 2
years and successfully completed his training at Fort Ord, California,
before being transferred to Vietnam on 10 January 1970.  He was assigned to
the 2nd Battalion, 327th Infantry Regiment for duty as a rifleman and was
advanced to the pay grade of E-3.

4.  On 15 February 1970, he was awarded the Combat Infantryman Badge and on
16 August 1970, he was advanced to the pay grade of E-4.

5.  He departed Vietnam on 4 December 1970 and was transferred to Fort
Hood, Texas, where he remained until he was honorably released from active
duty on 6 August 1971, due to the expiration of his term of service (ETS).
He had served 2 years of total active service and was awarded the Vietnam
Service Medal with two bronze service stars, the National Defense Service
Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge
and the Bronze Star Medal.

6.  A review of the available records, to include the Vietnam Casualty
Listing fails to show that the applicant was wounded as a result of enemy
action, that he was reported as a casualty or that he was awarded the
Purple Heart.

7.  A review of the applicant’s records does show that he received
excellent conduct and efficiency ratings throughout his service and his
records are void of any derogatory information that would serve to
disqualify him for award of the Good Conduct Medal (GCMDL).

8.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

10.  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 the applicant’s units
were subsequently 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 during the period he
was assigned to the units.



DISCUSSION AND CONCLUSIONS:

1.  The applicant has failed to show through evidence submitted with his
application or the evidence of record, sufficient evidence to establish his
entitlement to the Purple Heart.  Therefore, lacking evidence to show that
he was wounded as a result of enemy action, there is no basis to award him
the Purple Heart at this time.

2.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 7 August 1969 through 6 August 1971.  This conclusion is based
on the fact that the record is void of any derogatory information, which
would preclude the applicant from being awarded the GCMDL, and the lack of
any specific action by the applicant’s unit commander to disqualify him
from receiving the award.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is
entitled to be awarded those awards at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__slp___  __mhm___  __alr___  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 awarding him the GCMDL
for the period of 7 August 1969 to 6 August 1971, the RVNGC w/Palm Unit
Citation and the RVNCAHM-FC Unit Citation.


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.



                 Shirley L. Powell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004336                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/GCMDL                               |
|3.107.0094              |140/RVNGC                               |
|4.107.0095              |141/RVNCAHM                             |
|5.                      |                                        |
|6.                      |                                        |


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