RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050004397


      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             |
|     |Ms. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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.

2.  The applicant states that the Purple Heart is not shown on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 November 1969.  The application submitted in this case is
dated
22 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 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 was inducted into the Army of the United States on 6
November 1967.  He was trained in and awarded the military occupational
specialty (MOS) 11C20 (Infantry Indirect Fire Crewman) and the highest rank
he attained while serving on active duty was specialist four.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
he served in the Republic of Vietnam (RVN) from 26 April 1968 through 20
April 1969.  The DA Form 20 also shows that during his RVN tour, he was
assigned to Company C, 2nd Battalion, 199th Infantry Brigade from 10 May
1968 to
27 September 1968.  He served the remainder of his tour with Company D,
1st Battalion, 502nd Infantry, 101st Airborne Division





5.  Item 38 of the applicant’s DA Form 20 shows he received “Excellent”
conduct and efficiency ratings at all of his active duty assignments.  Item
40 (Wounds) contains an entry showing the applicant received a
fragmentation wound to the left arm on 14 May 1968.

6.  Item 41 (Awards and Decorations) of the DA Form 20 shows that during
his active duty tenure, he earned the Vietnam Service Medal (VSM), National
Defense Service Medal (NDSM), RVN Campaign Medal with 1960 Device, Combat
Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Bronze Star
Medal, Vietnam Unit Citation, and the Marksmanship Qualification Badge with
Rifle Bar.

7.  The applicant’s military personnel record contains no derogatory
information and there is no documented record of a disqualification from
any of the applicant's active duty commanders that would have precluded him
from receiving the Army Good Conduct Medal (AGCM).

8.  The applicant’s record contains General Orders Number 5327,
Headquarters, 101st Airborne Division, dated 24 May 1969.  These orders
show the applicant was awarded the Bronze Star Medal with “V” Device (First
Oak Leaf Cluster) for heroism in ground combat against a hostile force in
the RVN on 31 March 1969.
This award is not shown on his DD Form 214.

9.  General Orders Number 5327 state the applicant received Bronze Star
Medal with “V” Device (First Oak Leaf Cluster) for distinguishing himself
while serving as team leader during a reconnaissance mission in the RVN on
31 March 1969 when his unit came under intense automatic weapons and rocket
propelled grenade fire from North Vietnamese Army Regulars in fortified
bunkers.  The applicant, without disregard to his own safety, moved under
enemy fire to within fifteen meters of enemy positions to retrieve a
wounded man whom he brought back to a safe area where he administered first
aid and as a result of his actions, the wounded Soldier’s life was saved.

10.  The applicant’s record contains General Orders Number 10545,
Headquarters, 101st Airborne Division, dated 30 November 1968.  These
orders show the applicant was awarded the Air Medal for meritorious
achievement while participating in aerial flight on 28 April 1968 in the
RVN.  This award is not shown on the applicant’s DD Form 214.

11.  A Report of Medical Examination, dated 23 September 1969, shows the
applicant underwent a medical examination prior to his separation from
active duty.  Item 29 (Physician’s Summary and Explanation of Pertinent
Data) contains the entry “shrapnel wound left shoulder.”

12.  On 5 November 1969, the applicant was honorably separated after
completing 2 years of active military service.  The DD Form 214 he was
issued shows in item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized), that he earned the
following awards during his active duty tour: Vietnam Service Medal with
two bronze service stars, National Defense Service Medal, RVN Campaign
Medal, Army Commendation Medal, Bronze Star Medal, Combat Infantryman
Badge, and the Marksmanship Badge with Rifle Bar.  The Purple Heart is not
among the awards listed as an authorized award.

13.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant’s name is shown on this official list of RVN battle casualties.

14.  Army Regulation 800-8-22 (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.

15.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Table 2-1
contains a list of authorized campaigns and it shows that during his
assignment tenure, the applicant was credited with participating in the
Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, and the Vietnam Tet Counteroffensive
campaigns.

16.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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 GCM, disqualification
must be justified.

17.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in
the RVN, the applicant’s unit, the 1st Battalion, 502nd Infantry, earned
the RVN Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and
the RVN Civil Actions Honor Medal First Class Unit Citation.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
"V" device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze "V" device in conjunction with awards of the Army
Commendation Medal, the Air Medal, and the Bronze Star Medal.

19.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered and found to have merit.  The evidence of record includes a DA
Form 20 entry showing he was wounded in action on 14 May 1968, while
serving in the RVN. The DA Vietnam Casualty Roster contains an entry that
corroborates the fact the applicant was wounded in action while serving in
the RVN.  As a result, the regulatory burden of proof necessary to support
award of the Purple Heart has been satisfied in this case.  Therefore, it
would be appropriate to correct the applicant’s records to show award of
the Purple Heart.

2.  General Orders Number 5327, dated 24 May 1969 shows the applicant was
awarded Bronze Star Medal with “V” Device (First Oak Leaf Cluster).  This
award is not appropriately annotated on the applicant’s DD Form 214.
Therefore, the applicant is entitled to correction of his records to show
this award.

3.  General Orders Number 10545, dated 30 November 1968 shows the applicant
was awarded Air Medal for meritorious achievement while participating in
aerial flight.  Therefore, he is entitled to correction of his records to
show this award.

4.  The applicant's record also confirms he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the AGCM, for his qualifying period of
honorable active duty service from 6 November 1967 through 5 November 1969.



5.  The record also confirms that based on his service and campaign
participation in the RVN, he is entitled to the Valorous Unit Award, the
RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and four bronze service stars to be worn on his
Vietnam Service Medal.  Thus, it would also be appropriate to add these
awards to his record at this time.

6.  Records show the applicant should have discovered the alleged error or
injustice related to award of the Purple Heart now under consideration on
5 November 1969.  Therefore, the time for him file a request for correction
of any error or injustice expired on 4 November 1972.  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__BPI___  __DWS__  __EEM__  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.  awarding him the Purple Heart for wounds sustained in action on
14 May 1968 while serving in Vietnam; and

      b.  by awarding him the Army Good Conduct Medal for his period of
qualifying honorable active duty service from 6 November 1967 through
5 November 1969; by adding the Air Medal, the Valorous Unit Award, the RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation;


      c.  by amending his DD Form 214 by deleting the Vietnam Service Medal
with two bronze service stars and adding the Vietnam Service Medal with
four bronze service stars; and

      d.  by amending his DD Form 214 by deleting the Bronze Star Medal and
adding the “Bronze Star Medal with “V” Device (First Oak Leaf Cluster).




                            ____ Bernard P. Ingold_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004397                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT ,                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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