RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 January 2006
      DOCKET NUMBER:  AR20050004723


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 three "Spot
Awards" consisting of an award of the Silver Star, an award of the Bronze
Star Medal with "V" Device, and an award of the Purple Heart which he
received in Vietnam.

2.  The applicant states that these "Spot Awards" are in addition to three
awards of the Bronze Star Medal with "V" Device, the Army Commendation
Medal; the Purple Heart; the Combat Infantryman Badge; the Good Conduct
Medal and the Vietnam Service Medal.

3.  The applicant points out that he is also entitled to the following
awards:  the "South Vietnamees Cross Rifles of Gallantry" [correctly known
as the Republic of Vietnam Gallantry Cross with Palm Unit Citation]; the
"Novice Jump Wings" [correctly known as Basic Parachutist Badge]; the
Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with
the M-14 Rifle and the
M-16 Rifle, and the Machine Gun Bar for qualifying with the M-60 Machine
Gun.

4.  The applicant states, in effect, he believes that "time" and "bad
record keeping" are the enemy in his case.  He adds that he served with 5th
Battalion of the 60th Infantry in the 9th Infantry Division as a scout
observer.  He continues that he found orders in the museum at Fort Lewis,
Washington, which shows that his unit was re-designated from Company E of
the 5th Battalion, 60th Infantry, to Company E of the 75th Infantry.

5.  The applicant provides in support of his case a self-authored letter,
dated 5 November 1995.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 May 1970, the date of his separation from the Army.  The
application submitted in this case is dated 12 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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence that the applicant was
authorized this award.  In the absence of authority for this award, the
applicant may request award of the Silver Star under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
award under Section 1130 and, as a result, it will not be discussed further
in this Record of Proceedings.

4.  The applicant's military service record contains two separation
documents.  The applicant initially enlisted in the Regular Army on 14
December 1967.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty 11B (Light Weapons
Infantryman).  He also completed basic airborne training.  He was honorably
separated on 22 August 1968 for the purpose of reenlistment.

5.  The applicant reenlisted on 23 August 1968 for a period of three years.
 He was assigned to Company C, 5th Battalion, 60th Infantry, of the 9th
Infantry Division in Vietnam from 28 March 1969 until 24 July 1969 when he
was hospitalized for wounds.  The applicant was subsequently evacuated to
Tripler General Hospital followed by assignment to the 82nd Airborne
Division.  On 22 May 1970, he was separated with a general discharge.

6.  The applicant's DD Form 214 covering his period of active service from
28 March 19__ through 23 June 1970 in Vietnam does not show award of the
Purple Heart.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
contain an entry in item 40 (wounds) and does not contain an entry for the
Purple Heart in item 41 (Awards and Decorations).

8.  The applicant's service record does not contain General Orders for
award of the Purple Heart.

9.  The applicant's service personnel records contain a Western Union
Telegram, dated 25 July 1969, addressed to the applicant's wife.  This
telegram states that the applicant was wounded in action in Vietnam on 24
July 1969.  The telegram also states the applicant received multiple wounds
from a booby trap while under attack by a hostile force during a combat
operation.  The telegram stated that the applicant was placed on the
"seriously ill list" due to the extent of his wounds.

10.  The Vietnam Casualty Roster lists the applicant's name and indicates
that he was seriously wounded as a result of hostile action on 24 July
1969.

11.  The applicant's service personnel records contain no evidence of any
additional awards of the Purple Heart to the applicant.  There also is no
evidence the applicant was wounded twice as a result of hostile action.
The Vietnam Casualty Roster does not show the applicant was wounded or
injured a second time.

12.  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.

13.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.

14.  The applicant's DD Form 214 covering his service in Vietnam shows one
award of the Bronze Star Medal.

15.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf
Cluster) for actions on 12 June 1969 by 9th Infantry Division General
Orders Number 8877, dated 6 July 1969.

16.  The applicant's service record also contains 9th Infantry Division
General Orders Number 10278, dated 14 July 1969, which awarded the
applicant the Bronze Star Medal with "V" Device (First Oak Leaf Cluster)
for action on 1 July 1969.

17.  The applicant's service personnel records do not contain General
Orders or documentation for any additional awards of the Bronze Star Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the
military awards program in Vietnam during the Vietnam War.  This regulation
stated that the Bronze Star Medal may be awarded for heroism, meritorious
achievement or service which does not involve aerial flight, but which is
performed in connection with military operations against an armed enemy
including combat, support, and supply operations.



19.  The applicant's DD Form 214 does not show the Army Commendation Medal
as an authorized award.  However, the applicant's records contain 9th
Infantry Division, General Orders Number 7994, dated 30 June 1969, which
awarded the applicant the first award of the Army Commendation Medal for
achievement during the period May 1969 through June 1969.

20.  There are no additional General Orders or other documentation which
show that the applicant is entitled to any additional awards of the Army
Commendation Medal.

21.  The applicant's military service records do not contain any orders
awarding him the Good Conduct Medal.  Army Regulation 600-8-22 provides
that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.


22.  The applicant's service personnel records show that he was absent
without leave for 148 days.  Records also show that he was convicted by a
special court-martial and received non-judicial punishment, all of which
are disqualifying factors for award of the Good Conduct Medal.

22.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

23.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show he received bronze service
stars indicating his campaign credit.  His records indicate he participated
in the Tet 69 Counteroffensive and the Vietnam Summer-Fall 1969 Campaigns.

24.  Army Regulation 600-8-22 states that a bronze service star will be
awarded for wear on the Vietnam Service Medal for participation in each
campaign.

25.  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, while the applicant was
assigned to the 5th Battalion, 60th Infantry, it was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 59, dated 1969 and award of
the Republic of Vietnam Civil Actions Honor Medal, First Class Unit
Citation based on Department of the Army General Orders Number 59, dated
1969.

26.  This applicant's DD Form 214 does not show award of a marksmanship
qualification badge.  United States Army Training Center, Fort Lewis,
Washington, Special Orders Number 36, dated 5 January 1968, awarded the
applicant the Expert Marksmanship Qualification Badge with Rifle Bar for
qualifying with the
M-14 Rifle.  There are no orders or entries in the applicant's records that
show he was awarded a Marksmanship Qualification Badge for qualifying with
the M-16 Rifle or the M-60 Machine Gun.

27.  The term "Novice Jump Wings" is a commonly used phrase to describe the
basic airborne badge, but is not used as an authorized military term.  Army
Regulation 600-8-22, in pertinent part, sets forth requirements for award
of the Parachutist Badge which is already shown on his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, with an effective date of
22 May 1970, should be corrected to show two awards of the Purple Heart.

2.  Evidence of record shows that the applicant was wounded as a result of
hostile action and received medical treatment for those wounds on 24 July
1969.  Therefore, he is entitled to award of the Purple Heart and
correction of his DD Form 214 with an effective date of 22 May 1970 to show
one award of the Purple Heart.

3.  The applicant contends that his records should be corrected to show he
was awarded four Bronze Star Medals.

4.  The applicant's records contain two different General Orders both of
which awarded him the Bronze Star Medal with "V" Device (First Oak Leaf
Cluster).  The applicant's service personnel records contain no evidence he
received any other awards of the Bronze Star Medal.

5.  The applicant received his first award of the Bronze Star Medal with
"V" Device based on 9th Infantry Division General Order Number 8877.
Therefore, this General Order should not have been published with the
wording "(First Oak Leaf Cluster)" which, in fact, indicates the second
award of this decoration.



6.  The applicant received his second award of the Bronze Star Medal with
"V" Device based on 9th Infantry Division General Order 10278 which is
correctly identified in this General Order as the Bronze Star Medal with
"V" Device (First Oak Leaf Cluster).  Therefore, this General Order is
correct as currently constituted.

7.  In the absence of General Orders entitling the applicant to additional
awards of the Bronze Star Medal, he is only entitled to correction of his
records to show the Bronze Star Medal with "V" Device (First Oak Leaf
Cluster).

8.  The applicant contends that he is entitled to award of the Army
Commendation Medal.

9.  General Orders show the applicant was awarded the Army Commendation
Medal.  Therefore, he is entitled to correction of his records to show one
award of the Army Commendation Medal.

10.  The applicant contends he is entitled to award of the Good Conduct
Medal.  The applicant's record of indiscipline disqualifies him for this
award.  Therefore, he is not entitled to correction of his records to show
this award.

11.  Records show that the applicant participated in two campaigns during
his service in Vietnam.  Therefore, he is eligible for award of two bronze
service stars to be affixed to his Vietnam Service Medal.

12.  The applicant was assigned to a unit which was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.
Therefore, he is entitled to correction of his DD Form 214 to show these
foreign unit awards.

13.  The applicant requested correction of his DD Form 214 to show award of
"Novice Jump Wings."  "Novice Jump Wings" are correctly known in accordance
with Army Regulation 600-8-22 as the Parachutist  Badge.  The applicant's
DD Form 214 shows award of the "Parachute Badge"; therefore, this badge is
correctly shown and there is no basis for correction of records to show the
entry "Novice Jump Wings."

14.  The applicant's military service record shows that he was awarded the
Expert Marksmanship Qualification Badge with Rifle Bar for qualifying on
the M-14 Rifle.  This badge is not shown on his DD Form 214.  Therefore,
the applicant is entitled to correction of his DD Form 214, with an
effective date of 22 May 1970, to show award of the Expert Marksmanship
Qualification Badge with Rifle Bar.
15.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 21 May 1973.  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:

________  ________  ________  GRANT FULL RELIEF

__LDS__  _RMN__  _REB____  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:

      a.  Awarding the individual concerned one award of the Purple Heart
for wounds sustained in Vietnam on 24 July 1969 and correcting his DD Form
214, with an effective date of 22 May 1970, to show award of the Purple
Heart;

      b.  Correcting the DD Form 214, with an effective date of 22 May
1970, of the individual concerned to show award of the Bronze Star Medal
with "V" Device (First Oak Leaf Cluster);

      c.  Correcting the DD Form 214, with an effective date of 22 May
1970, of the individual concerned to show one award of the Army
Commendation Medal;

      d.  Correcting the DD Form 214, with an effective date of 22 May
1970, of the individual concerned to show award of two bronze service stars
to be affixed to his Vietnam Service Medal;

      e.  Correcting the DD Form 214, with an effective date of 22 May
1970, of the individual concerned to show award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation; and
      f.  Correcting the DD Form 214, with an effective date of 22 May
1970, of the individual concerned to show award of the Republic of Vietnam
Civil Actions Honor Medal, First Class Unit Citation.

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:

      a.  A second award of the Purple Heart;

      b.  Award of two additional Bronze Star Medals;

      c.  Award of the Good Conduct Medal;

      d.  Correction of his DD Form 214 to show "Novice Jump Wings";and

      e.  Award of the Expert Marksmanship Qualification Badge for
qualifying with the M-16 Rifle and the M-60 Machine Gun.





                                _Linda D. Simmons__
                                      CHAIRPERSON
      INDEX

|CASE ID                 |AR20050004723                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/12                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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