RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050004406


      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. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart.

2.  The applicant states, in effect, that he was wounded 27 March 1969 and
received the award.  He further states the award of the Purple Heart is not
on his DD Form 214.

3.  The applicant provides a DD Form 214 with the ending period 16 July
1969; a Western Union telegram, dated 30 March 1969; a message from the
Commanding General, U.S. Army Vietnam, dated 30 March 1969; a letter from
the Office of the Town Board, Hurley, New York, dated 8 April 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1969.  The application submitted in this case is dated
7 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 enlisted in the Regular Army on 16 September 1965 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

4.  The applicant arrived in Vietnam and was assigned to the 611th Ordnance
Company on or about 3 June 1966.  He departed Vietnam on or about 28 May
1967 after being credited with participating in one campaign.

5.  The applicant returned to Vietnam with his unit C Company, 1st
Battalion, 11th Infantry, from Fort Carson, Colorado on or about 25 July
1968.



6.  The applicant's name appears on the Vietnam Casualty Roster for
receiving wounds by hostile forces on 27 March 1969.

7.  The applicant's records contain a Western Union telefax, dated 30 March
1969, that was addressed to his parents informing them that their son had
been slightly wounded.  He was treated and hospitalized in Vietnam.  The
applicant departed Vietnam on or about 12 July 1969 after being credited
with participating in four campaigns.

8.  On 16 July 1969, the applicant was honorably released from active duty
in the rank of Staff Sergeant/E-6 after completing 3 years, 10 months, and
1 day of creditable active service with no time lost and was transferred to
the United States Army Reserve Control Group.

9.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the
Bronze Star Medal, the Army Commendation Medal, the Sharpshooter
Marksmanship Qualification Badge (M-14), the Expert Marksmanship
Qualification Badge (M-60), and the Marksman Marksmanship Qualification
Badge (M-16).

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), shows that, at the time of the applicant’s
assignment to the 1st Battalion, 11th Infantry, it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 26 August 1968 through 2 November 1968 based on Headquarters,
Department of the Army General Orders Number 41, dated 1972.

12.  Army Regulation 672-5-1, 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.

13.  Army Regulation 600-8-22 (Military Awards) 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 (a silver service star is worn in lieu of five bronze service stars).

14.  Army Regulation 600-8-22 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
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  However, the Vietnam Casualty
Roster and a Western Union telefax show he was wounded in combat by hostile
forces on 27 March 1969 and treated for his wounds.  The evidence shows the
applicant is entitled to award of the Purple Heart for wounds sustained
during hostile action and he states that he received it.

2.  The applicant was separated in the rank of Staff Sergeant with almost
four years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for award of the Army
Good Conduct Medal for the period 16 September 1965 through 15 September
1968 based on completion of a period of qualifying service.

3.  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 five campaigns entitles him to one silver
service star to be worn on his Vietnam Service Medal.  These awards should
be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 July 1969.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 July 1972.  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:

__SL ___  __ENA __  __ CAK _   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 Army Good Conduct Medal (1st Award) for the
period 16 September 1965 through 15 September 1968; and

      b.  amending his DD Form 214 to show award of the Purple Heart, the
Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and one silver service star to be worn on his Vietnam
Service Medal.




                            ____ John Slone      ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004406                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |15 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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