RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:   14 December 2005
      DOCKET NUMBER:  AR20050004361


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 injured in Vietnam when a
rocket propelled grenade (RPG) hit the boat he was in and while he was
laying on the floor, an ammo can dislodged and hit him in the mouth.  He
goes on to state that he lost a tooth and injury to his gums and face
occurred.  He further states that he did not pursue the award of the Purple
Heart at the time as his first sergeant suggested; however, he desires to
have it awarded at this time because he is pursuing medical treatment from
the Department of Veterans Affairs (VA).

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1969.  The application submitted in this case is
dated 27 February 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 at Fort Brooke, Puerto Rico, on 12 December 1967.  He
completed his basic combat training at Fort Gordon, Georgia, and his
advanced individual training (AIT) at Fort Polk, Louisiana.

4.  Upon completion of his AIT, he was transferred to Vietnam on 20 June
1968 and was assigned to the 3rd Battalion, 60th Infantry Regiment, 9th
Infantry Division, for duty as a rifleman.

5.  He was promoted to the rank of sergeant (E-5) on 1 January 1969 and on
19 June 1969 he departed Vietnam and was transferred to Fort Lewis,
Washington, where he remained until he was honorably released from active
duty (REFRAD) on 11 December 1969, due to the expiration of his term of
service (ETS).  He had served 2 years of total active service and his DD
Form 214 issued at the time of his REFRAD shows that he was awarded the
National Defense Service Medal, the Vietnam Service Medal (VSM), the
Republic of Vietnam Campaign Medal, the Air Medal 2nd Oak Leaf Cluster, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army
Commendation Medal, the Combat Infantryman Badge, and two overseas service
bars.

6.  The applicant’s medical records were not available for review by the
Board.  However, a review of his personnel records, which contained his
last physical/medical examination, as well as reviewing the Vietnam
Casualty Listing, failed to show that he was injured as a result of enemy
action, that he sought treatment for that injury, and that it was made a
matter of record.  Additionally, there is no evidence to show that he was
reported as a casualty.

7.  His records also show that he received excellent conduct and efficiency
ratings throughout his service and there is no derogatory information
contained in his records 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 unit was
subsequently awarded the Republic of Vietnam Civil Actions Honor Medal –
First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to
the unit.  Additionally, he participated in four campaigns while assigned
to Vietnam and thus is entitled to be awarded four bronze service stars for
wear on his already awarded VSM.

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
that he was injured as a result of enemy action, that he was treated for
that injury, or that it was made a matter of record.  Therefore, absent
such evidence, there is no basis to award him the Purple Heart at this
time.

2.  However, 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 12 December 1967 through 11 December 1969.  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
RVNCAHM-FC Unit Citation.  Accordingly, he is entitled to be awarded that
award at this time as well as four bronze service stars for wear on his
VSM.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_MJF ___  _LGH___  __JS____  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 12 December 1967 to 11 December 1969, the RVNCAHM-FC Unit
Citation, and four 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
award of the Purple Heart.




            _____John Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004361                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/GCMDL                               |
|3.107.0095              |141/RVNCAHM                             |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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