RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004813


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that his DD Form 214 be amended to add the
Purple Heart and the Bronze Star Medal (BSM).

2.  The applicant states he was wounded in combat and spent two days at a
field hospital at Quang Tri, Vietnam.  He was physically awarded the Purple
Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge); a citation for the BSM; a BSM
award certificate; an Army Commendation Medal (ARCOM) certificate for the
period 5 January to   2 March 1970; an ARCOM certificate for the period 1
October 1970 to 31 March 1971; and a citation for the ARCOM for the period
1 October 1970 to 31 March 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 September 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 64A (Light Vehicle Driver).

2.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Company, Americal Division on 12 June 1969.  He was
transferred to Company B, 23d Supply and Transport Battalion (S&T Bn) on 11
August 1969. He was transferred to Headquarters and Headquarters Troop, 1st
Squadron, 1st Cavalry Division on 31 October 1969.  He departed Vietnam on
28 May 1970 after participating in three campaigns.

3.  The applicant returned to Vietnam and was assigned to Company B, 23d
S&T Bn on 1 January 1971.  He departed Vietnam on 30 August 1971 after
participating in two campaigns.  He was released from active duty on
           5 September 1971.  His DD Form 214 shows he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Army Good
Conduct Medal, the Sharpshooter Marksmanship Qualification Badge (M-14),
the Army Commendation Medal, and the Republic of Vietnam Campaign Medal
with device 1960.

4.  Headquarters, Americal Division General Orders Number 2416 dated
   12 March 1970 awarded the applicant the ARCOM for meritorious
achievement for the period 5 January through 2 March 1970.

5.  Headquarters, 23d Infantry Division General Orders Number 05002 dated
   3 May 1971 awarded the applicant the ARCOM for meritorious achievement
for the period 1 October 1970 through 31 March 1971.

6.  Headquarters, 23d Infantry Division General Orders Number 09397 dated
 23 August 1971 awarded the applicant the BSM for meritorious service for
the period 1 September 1970 through 31 July 1971.

7.  The applicant's name is not listed on the Vietnam Casualty Roster.
Item      40 (Wounds) of his DA Form 20 (Enlisted Qualification Record)
does not show he was wounded.  His service medical records are not
available.  His separation physical examination dated 5 September 1971 does
not list any injuries, scars, or hospitalizations.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify 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.

9.  Army Regulation 600-8-22 provides for the wear of a bronze service star
on the appropriate service medal, to include the Vietnam Service Medal, for
each campaign participation credit.  One silver service star is worn in
lieu of five bronze service stars.

10.  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 the 1st Squadron, 1st Cavalry Division, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 24 August through 31 December 1969 by Department of
the Army General Orders (DAGO) Number 42 dated 1972.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 23d S&T Bn, it was cited for three awards
of the Meritorious Unit Commendation for the period 1 January through 31
August  1969 by DAGO Number 53 dated 1970, for the period 1 September 1969
through 31 January 1971 by DAGO Number 32 dated 1973, and for the period
 1 February through 30 June 1971 by DAGO Number 6 dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does not show he was awarded the BSM and
shows he was awarded one ARCOM.  Orders show he was awarded one BSM for
service and two ARCOMs for achievement.  His DD Form 214 should be amended
to reflect these awards.

2.  There is no evidence of record and the applicant does not provide any
evidence to show he was wounded as the result of hostile action.
Therefore, there is insufficient evidence on which to correct his records
to show he was awarded the Purple Heart.

3.  The applicant was credited with participation in five campaigns and so
he is eligible to wear one silver service star on the Vietnam Service
Medal.

4.  The applicant was assigned to units during periods of time those units
were awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and three awards of the Meritorious Unit Commendation.  His DD
Form 214 should be amended to add these unit awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      4 September 1974.  The applicant did not file
within the 3-year statute of limitations; however, he has provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rtd___  __jbg___  __swf___  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 amending his DD Form
214 to show he was awarded two Army Commendation Medals, the Bronze Star
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
three awards of the Meritorious Unit Commendation and to show he is
eligible to wear one silver service star on the Vietnam Service Medal.

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
correcting his records to show he was awarded the Purple Heart.




                                  __Richard T. Dunbar___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004813                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |110.04                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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