RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050005471


      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. Richard P. Nelson             |     |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 issuance of a DD Form 215 (Correction to DD Form
214, Certificate of Release or Discharge from Active Duty) to show award of
the Purple Heart and the Bronze Star Medal with “V” Device.

2.  The applicant states that he “was presented” the above-mentioned
awards, but they were not included on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) upon his separation from the
Army.

3.  The applicant provides a copy of an undated Department of Veterans
Affairs letter establishing service-connected disability.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 19 October 1971.  The application submitted in this case is
dated 23 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 military records show he enlisted in the Regular Army
on 14 October 1969 and completed training in Military Occupational
Specialty 11B10 (Light Weapons Infantryman).  He was assigned to Vietnam
where he served from 18 May to 8 November 1970 with Company C, 1st
Battalion, 327th Infantry. The applicant was medically evacuated to Japan,
then to the United States, for wounds sustained as a result of a booby trap
explosion.  He was later assigned to Fort Knox, Kentucky where he completed
his service obligation and was honorably separated from active duty in pay
grade E-3 on 19 October 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; and the Republic of Vietnam
Campaign Medal with Device (1960).  The applicant’s records contain a DD
Form 215, dated 7 April 1978, which adds the Purple Heart to Item 24 of his
DD Form 214, dated 19 October 1971.  No other awards or decorations are
listed.
5.  The applicant requested correction of his records to show award the
Bronze Star Medal with “V” Device.  There are no orders, or other evidence,
authorizing award of the Bronze Star Medal with “V” Device to the
applicant.  In the absence of a proper award authority for this decoration,
the applicant may request award of Bronze Star Medal with “V” Device 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 decoration under Section 1130 and, as a result, they
will not be discussed further in this Record of Proceedings.

6.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
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.

8.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number
236, dated 24 August 1970, announced award of the Combat Infantryman Badge
to the applicant.

9.  Department of the Army General Orders Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Sanctuary Counteroffensive; and Vietnam
Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  A DD Form 215 shows the applicant was awarded the Purple Heart.  As
such, no action is required by the Board concerning this issue and it will
not be discussed further in this Record of Proceedings.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 14 October 1969 to 19
October 1971.  Therefore, he is entitled to correction of his records to
show this award.

3.  Special Orders show the applicant is entitled to the Combat Infantryman
Badge.  Therefore, he is entitled to correction of his records to show this
combat badge.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

5.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in two campaigns.  As a result, he is entitled to
award of two bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

BOARD VOTE:

___bpi___  ___eem_  ___dws__  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 showing award of:
      a. the Combat Infantryman Badge;


      b. the first award of the Good Conduct Medal, for the period 14
October 1969 to 19 October 1971;

      c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and

      d. two bronze service stars, to be affixed to the Vietnam Service
Medal.




            _________Bernard P. Ingold________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR200500054771                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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