RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050004531


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea M. 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, in effect, that he be awarded the Purple Heart
and that his DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to add the Legion of Merit and the Purple Heart.

2.  The applicant states, in effect, that he was injured while serving in
combat in the Republic of Vietnam on 5 April 1970 and he was awarded the
Legion of Merit upon his retirement.

3.  The applicant submitted no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 30 April 1993, the date of his separation from active duty, for
the purposes of retirement.  The application submitted in this case is
dated 21 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.  The applicant’s request to have the Legion of Merit added to his DD
Form 214, Certificate of Release or Discharge from Active Duty, can not
be acted upon due to a lack of orders and certificate for this award.
The applicant provided no orders and none are on file in his official
military personnel file.  Orders for this award are also not on file in
his service personnel records.  A search of the Awards and Decorations
Computer-Assisted Retrieval System (ADCARS) was conducted and orders were
not found.  Award of the Legion of Merit is outside the statute
of limitations established by law on approval of an award recommendation
for the Legion of Merit.  The applicant’s request for this award can be
considered under the provisions of Title 10, United States Code, Section
1130, which governs consideration of awards not submitted within time
limits established by law.  The applicant must exhaust this remedy; and
therefore, this award will not be discussed further in these proceedings.

4.  The applicant’s military records show that he enlisted in the Regular
Army on 30 April 1963.  He continued his service through a number of
reenlistments and on 30 April 1993, he was honorably separated, in the rank
and pay grade, Sergeant Major, E-9, for the purpose of retirement.  On the
date of his retirement, the applicant had completed 30 years and 1 day
active military service.

5.  The applicant's records show he served two tours of duty in Vietnam.
He served in Vietnam from 17 May 1966 through 18 July 1966, with Company C,
1st Battalion, 35th Infantry Regiment, 25th Infantry Division.  The
applicant also served in Vietnam from 26 January 1970 through 31 August
1971, with the United States Army Military Assistance Command, Vietnam.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized)(All periods of service), of the applicant's DD Form
214, shows he was awarded:  the Bronze Star Medal, with two oak leaf
clusters; the Bronze Star Medal, with "V" Device; the Army Commendation
Medal, the Army Achievement Medal; the Good Conduct Medal (10th Award), the
Vietnam Service Medal, with one silver and one bronze service star; the
Humanitarian Service Medal; the Noncommissioned Officer Professional
Development Ribbon, with Numeral "3"; the Noncommissioned Officer
Professional Development Ribbon, with Numeral "4"; the Overseas Service
Ribbon; the Republic of Vietnam Campaign Medal; the Combat Infantryman
Badge; the Expert Marksmanship Qualification Badge, with Rifle Bar; the
Republic of Vietnam Gallantry Cross, with Palm Unit Citation; the National
Defense Service Medal, with one bronze service stars; the Southwest Asia
Service Medal, with two bronze service stars; and the Kuwait Liberation
Medal.  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.  There are no
orders in the applicant's military personnel records awarding him the
Purple Heart.

9.  The applicant's name appears on the Vietnam Casualty List and shows
that he was wounded in action, on 5 April 1970, while serving in the rank
of sergeant. Details in the Casualty Information System maintained by the
National Archives
(Master Casualty Number 76504) shows the applicant was wounded in action by
a hostile force in Kontum province while he served as an advisor with the
US Army Military Assistance Command in Vietnam.

10.  On 4 October 1990, the applicant deployed to Saudi Arabia with Task
Force Freedom in support of Operation Desert Shield / Desert Storm.  The
applicant was assigned to the 720th Military Police Battalion, 89th
Military Police Brigade at the time.  The applicant served in Saudi Arabia
until 4 April 1991.

11.  The 720th Military Police Battalion was awarded the Meritorious Unit
Commendation, for exceptionally meritorious conduct in the performance of
outstanding service during the period 13 October 1990 through 13 April
1991, by Department of the Army General Orders Number 17, dated 19 June
1992.

12.  AR 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.

13.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was
approved on 3 January 1992 and is awarded to members of the Armed Forces of
the United States who participated in the Persian Gulf War between
17 January 1991 and 28 February 1991.

14.  The Kuwait Liberation Medal awarded by the Government of Kuwait was
approved on 9 November 1995 and is awarded to members of the Armed Forces
of the United States who participated in the Persian Gulf War between
2 August 1990 and 31 August 1993.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action
against a hostile force while serving in Kontum province in Vietnam, on 5
April 1970, while serving as an advisor, in the rank of sergeant, with the
Military Assistance Command in Vietnam.

2.  The applicant's name is recorded in the Vietnam Casualty List.

3.  Based on the evidence, the applicant is entitled to award of the Purple
Heart and to have it added to his DD Form 214.

4.  The applicant was deployed to Saudi Arabia in support of Operation
Desert Shield / Desert Storm.  He was awarded the Kuwait Liberation Medal,
awarded by the Kingdom of Saudi Arabia.  The applicant is also entitled to
award of the Kuwait Liberation Medal, awarded by the Government of Kuwait;
and, to have this award added to his DD Form 214.

5.  The applicant's unit, the 720th Military Police Battalion, was awarded
the Meritorious Unit Commendation at the time the applicant was a member of
the unit.  He is therefore entitled to award of the Meritorious Unit
Commendation and to have this unit award added to his DD Form 214.

BOARD VOTE:

_LDS___  _RMN___  _RB_____  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.  deleting the Kuwait Liberation Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Kuwait Liberation Medal, awarded by
the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal, awarded by
the Government of Kuwait, to the applicant; and, adding these awards to the
applicant's DD Form 214;

      c.  awarding the applicant the Purple Heart for wounds he received in
action on 5 April 1970 against a hostile force while serving in the rank of
sergeant and, adding this award to the applicant's DD Form 214; and

      d.  awarding the applicant the Meritorious Unit Commendation for his
service with the 720th Military Police Battalion in Operation Desert Shield
/ Desert Storm and, adding this unit award to the applicant's DD Form 214.




                            ____Linda D. Simmons_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004531                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]