RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050004661


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded by a punji stick
while on patrol in Vietnam and received treatment for the wound, but was
not awarded a Purple Heart.

3.  The applicant provides a copy of a Standard Form (SF) 600
(Chronological Record of Medical Care), dated 6 November 1968, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1969, the date of his release from active duty.
The application submitted in this case is dated 29 September 2004.

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's military service record shows that he was inducted into
the U.S. Army on 12 December 1967.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service record shows that he was assigned to
Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Air Mobile) in
Vietnam, from 25 May 1968 through 17 May 1969.  He was honorably separated
from the U.S. Army on 11 December 1969 after serving on active duty for a
total of 2 years.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), issued at the time of his separation, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), that he was awarded the National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star
Medal, Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar,
and Marksman Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 20
May 1968 through 17 May 1969.  Item 39 (Campaigns) of this document shows
that he participated in the following two campaigns:  the Vietnam
Counteroffensive Phase IV and Vietnam Counteroffensive Phase V campaigns.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  His DA Form 20 does not show
an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards
and Decorations).  The applicant's name is not listed on The Adjutant
General, Casualty Division's Vietnam Casualty Roster.

8.  The applicant's medical records were not available for review to
determine if there is documentary evidence that shows he was wounded or
treated for wounds as a result of hostile action.

9.  The applicant provides a copy of a SF 600 (Chronological Record of
Medical Care), dated 6 November 1968, in support of his application.  This
document shows that the applicant was "sent from field with small
laceration on R (Right) leg caused by pungi stick.  No fragments found
inside."  This document also shows that the applicant received medical
treatment for the wound.

10.  A review of the applicant's service personnel record reveals that he
may be entitled to additional awards that are not shown on his DD Form 214.

11.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.



12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following four campaigns:  the Vietnam Counteroffensive Phase IV,
Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and
TET 69 Counteroffensive campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to Company C, 2nd Battalion, 5th Cavalry (Vietnam),
the unit was cited for award of the Valorous Unit Award by Headquarters,
Department of the Army, General Orders Number 28 (1969).

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2nd Battalion, 5th Cavalry (Vietnam), the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 59
(1969).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

20.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because while on patrol in Vietnam he was wounded in his right
leg by a punji stick, which was a type of booby trap set by the enemy in
Vietnam designed to injure U.S. Army Soldiers.  In support of his claim,
the applicant provides documentation which shows he was wounded and that he
received medical treatment for the wound on 6 November 1968.


2.  There is no evidence the applicant was awarded the Purple Heart.
However, the applicant provides documentary evidence which shows that he
was wounded and received medical treatment for a wound which was incurred
as a result of hostile action.  Therefore, the applicant is entitled to
award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 12 December 1967 through 11 December 1969 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show this award.

4.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Valorous Unit Award.
Therefore, it would be appropriate to correct his records to show this unit
award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two (2) Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 December 1972.  Although the request was not submitted within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact that there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

__KLW __  __DED  _  __QAS__  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 the applicant the Purple Heart for wounds received in
action on 6 November 1968;

      b.  awarding the applicant the Good Conduct Medal for the period
12 December 1967 through 11 December 1969;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Purple Heart, Good Conduct
Medal, Vietnam Service Medal with 4 bronze service stars, Valorous Unit
Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2
Overseas Service Bars.




                            ___KENNETH L. WRIGHT__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004661                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19691211                                |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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