RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050004942


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 (PH).

2.  The applicant states, in effect, the PH was erroneously omitted from
his separation document (DD Form 214) when he was separated.

3.  The applicant provides a Clinical Record Cover Sheet (DA Form 8-275-3),
Casualty Feeder Card (DA Form 1156), and Department of Veterans Affairs
(VA) Rating Decision in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 September 1969.  The application submitted in this case
is dated 14 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’s record shows he was inducted into the Army and entered
active duty on 14 September 1967.  He was trained in, awarded, and served
in military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 1 March 1968 through 25
February 1969, and was assigned to Company C, 1st Battalion, 502nd Infantry
Regiment, performing duties in MOS 11B as a rifleman.  Item 38 shows he
received "Excellent" conduct and efficiency ratings at each of his active
duty assignments. Item 40 (Wounds) contains an entry indicating he received
a fragmentation wound to the right arm and to his face in April 1968.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
him from receiving the Army Good Conduct Medal (AGCM).

6.  A Casualty Feeder Report confirms the applicant was designated a battle
casualty after being wounded in action at 1300 hours on 26 April 1968, and
that he was evacuated to the 22nd Surgical Hospital, RVN, for treatment of
his wound.  A Clinical Record Cover Sheet, dated 26 April 1968, confirms
the applicant was treated for his combat related wound at the 22nd Surgical
Hospital, RVN on that date, and that he was recommended for the PH.  It
also indicates the PH was not issued by the hospital.

7.  On 12 September 1969, the applicant was honorably separated after
completing 1 year, 11 months, and 29 days of active military service.  The
DD Form 214 he was issued at the time shows he earned the following awards:
 National Defense Service Medal; Vietnam Service Medal (VSM) with 2 bronze
service stars; Vietnam Campaign Medal with 60 Device; Bronze Star Medal;
Air Medal; Army Commendation Medal; Expert Qualification Badge with Machine
Gun Bar; Sharpshooter Qualification Badge with Rifle Bar; and 2 Overseas
Bars.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  However,
the portion of the roster that would have contained the applicant’s name
was illegible.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.
10.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.  A silver service star is used in lieu of 5
bronze service stars to denote participation in five campaigns.

11.  Table B-1 of the same regulation contains a list of RVN campaigns, and
it shows that during his tenure of assignment, the applicant was credited
with participating in the following five campaigns:  TET Counteroffensive
1968; Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V;
Vietnam Counteroffensive Phase VI; and TET Counteroffensive 1969;

12.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the GCM, disqualification must be
justified.

13.  Chapter 8 of the award regulations contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel who have an
infantry MOS. They must have served in active ground combat while assigned
or attached to an infantry unit of brigade, regimental or smaller size.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised that during the Vietnam era the CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 502nd Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record includes an entry in Item 40 of his DA Form 20
that indicates he received a fragmentation wound to the right arm and face
in April 1968, while serving as a specialist four (SP4) in the RVN.  A
casualty feeder card and clinical record on file confirms he received this
wound as a result of enemy action at 1300 hours on 26 April 1968, that he
was treated for the wound at a military medical facility, and was
recommended for the PH.  Therefore, it would be appropriate to award him
the PH and add it to his record at this time.

2.  The evidence of record also confirms the applicant held a qualifying
infantry MOS, served in a qualifying infantry unit in the RVN, and
participated in combat with his unit, as evidence by his being wounded in
action on 26 April 1968.  Therefore, it would also be appropriate and serve
the interest of justice to award him the CIB and to add it to his record at
this time.

3.  The applicant's record confirms that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information or a specific disqualification
by any of the active duty unit commanders for whom he served.  As a result,
it would be appropriate to award him the first award of the AGCM, for his
qualifying period of honorable active duty service from 14 September 1967
through 12 September 1969.

4.  The evidence also shows that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm Unit
Citation and 1 silver service star with his VSM.  Thus, these awards should
also be added to his record.

BOARD VOTE:

___BPI__  ___DWS   ___EEM _  GRANT 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 Purple Heart, for being wounded in action on 26
April 1968, while serving as a specialist four in the Republic of Vietnam;


      b.  awarding him the Combat Infantryman Badge, for his qualifying
infantry service in the RVN;


      c.  awarding him the Army Good Conduct Medal, for his qualifying
period of active duty service from 14 September 1967 through 12 September
1969;


      d.  showing his entitlement to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and 1 silver service star;


      e.  deleting his Vietnam Service Medal with two bronze service stars
and showing his entitlement to the Vietnam Service Medal with one silver
service star; and


      f.  providing him a correction to his separation document that
includes these changes.




            ____Bernard P. Ingold_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004942                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/09/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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