RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050005843


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that he be awarded the Purple Heart.

2.  The applicant states, in effect, he believes he should have been
awarded the Purple Heart for injuries he got while in Vietnam at the hand
of the enemy.  They had incoming fire of some kind and he was hit in the
face.  This was in January or February 1970.

3.  In a self-authored statement addressed, "To Whom it May Concern:" the
applicant states his platoon, at the time, was on a recon operation
somewhere near the A-Shau Valley.  He cannot remember everything about the
operation but they were in a hostile environment.  It was late January or
early February and he was preparing to leave Vietnam in March 1970.  It was
early in the morning.  They had just received their rations and ammunition
and then it happened.  He was knocked down from a blast.  It happened so
fast he did not know what had happened.  His face had a stinging and
burning feeling and it began to bleed.  When things calmed down, his
lieutenant called in a chopper and he was sent to the nearest firebase camp
where they had a medical first aid station.  The medics treated him and, he
was sent back to his battalion and company to finish healing up and to
complete his tour of duty.  Sometime after he returned home he started
having some small sores on his face that festered up and so he began to
pick them with a needle and found small pieces of wire-like shrapnel.  It
did not seem to be too serious so he doctored himself and after a few
months his face healed up.

4.  The applicant submits a copy of his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge; a copy of Item 38 (Record
of Assignments), from his DA Form 20, Enlisted Qualification Record; and
his self-authored statement in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 9 October 1970.  The application submitted in this case is
dated 7 April 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 that he enlisted for 2 years in
the Regular Army on 11 October 1968.  He completed basic combat training at
Fort Benning, Georgia, and his advanced individual training at Fort Polk,
Louisiana.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 24 March 1969 through 18 March
1970, with Company E, 2nd Battalion, 501st Infantry Regiment, 101st
Airborne Division.

5.  The applicant was honorably released from active duty, on 9 October
1970, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Sergeant, E-5.  On the date he was released from active duty, he
had completed 1 year, 11 months, and 29 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the Bronze Star Medal; the Air Medal; the Army
Commendation Medal; the Vietnam Service Medal; the Republic of Vietnam
Campaign Medal; the Combat Infantryman Badge; the Meritorious Unit
Commendation Medal; the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar; the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar; the First Class Marksmanship Qualification Badge,
with Machinegun Bar; and two overseas service bar.  The Purple Heart is
not shown on the applicant's DD Form 214.

7.  Item 40 (Wounds), of the applicant's DA Form 20, is blank and the
applicant's name does not appear on the Vietnam Casualty Listing.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.
10.  A Standard Form (SF) 88, Report of Medical Examination, completed in
part by the applicant, during his separation physical examination, on 30
September 1970, shows no entries to indicate that he had sustained any
wound in action during his assignment to Vietnam.  He was qualified for
retention/separation based on this medical examination.

11.  A SF 89, Report of Medical History, completed in part by the
applicant, during his separation physical examination, on 30 September
1970, shows no entries to indicate that he had sustained any wound in
action during his assignment to Vietnam.  Item 33, of this form,
specifically ask, "Have you ever had any illness or injury other than those
already noted?  (If yes, specify when, where, and give details.)"  The
answer given to this item was checked with the answer, "No."

12.  The entry on the applicant's DD Form 214 showing award of the Air
Medal is incorrect/incomplete as shown.

13.  The applicant was awarded the Air Medal, for meritorious achievement,
while participating in aerial flight on 29 April 1969, by General Orders
Number 7525, Headquarters, 101st Airborne Division, dated 23 June 1969.

14.  The applicant was also awarded the Air Medal, for meritorious
achievement, while participating in aerial flight for the period 30 June
through 30 November 1969, by General Orders Number 15076, Headquarters,
101st Airborne Division, dated 21 December 1969.

15.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

16.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Tet 69 Counteroffensive, which
extended from 23 February through 8 June 1969; the Vietnam Summer-Fall
1969, which extended from 9 June through 31 October 1969; and the Vietnam
Winter-Spring 1970, which extended from 1 November 1969 through 30 April
1970.

17.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

18.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, Company E, 2nd Battalion, 501st Infantry
Regiment, 101st Airborne Division, was awarded the Presidential Unit
Citation, for the period 10 through 21 May 1969, by Department of the Army
General Orders (DAGO) Number 16, dated 1972; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 15 August 1968
through 14 May 1969 by DAGO Number 43, dated 1970; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971.

19.  AR 600-8-22 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

21.  AR 672-5-1, in effect at the time of the applicant's separation
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.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award
permanently if the individual was assigned to, and present for duty with
the unit any time during the period cited; or was attached by competent
orders to, and present for duty with the unit during the entire period, or
for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none, beyond his self-
authored statement, to show that he was wounded in Vietnam as a result of
enemy action.

2.  The evidence shows that the applicant underwent a separation physical
examination less than a year after he allegedly received treatment for an
injury or burn to his face from a blast for which he was airlifted to a
fire support base to receive medical treatment and he failed to mention
these injuries to a doctor at his separation physical examination.

3.  The evidence presented is insufficient for award of the Purple Heart to
the applicant and for its addition to his DD Form 214.

4.  The applicant was twice awarded the Air Medal for meritorious
achievement while participating in aerial flight.  Only one Air Medal is
shown on the applicant's DD Form 214.  To denote the second award of the
Air Medal, the entry should be corrected to reflect the entry as the Air
Medal, with Numeral 2.

5.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was recommended for award of the Good
Conduct Medal while he was undergoing installation clearance procedures for
his departure from Vietnam.  The applicant was not awarded the Good Conduct
Medal, it appears, more as a result of administrative oversight rather than
something that the applicant did to disqualify himself from this award.  He
is therefore eligible for award of the Good Conduct Medal for the period 11
October 1968 through 9 October 1970.

6.  The Vietnam Service Medal is shown on the applicant's DD Form 214;
however, it does not show the bronze service stars to which he is entitled
for his campaign participation.  The applicant served in three campaigns
while he served in Vietnam.  He is therefore entitled to award of the
Vietnam Service Medal, with three bronze service stars, and to have this
award added to his DD Form 214.

7.  The applicant served in a unit that was awarded the Presidential Unit
Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  These unit awards
are not shown on his DD Form 214.  He is entitled to these unit awards and
to have them added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MJF___  __LGH__   ___JS___  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.  deleting the Air Medal and the Vietnam Service Medal from the
applicant's DD Form 214;

      b.  adding the two already-awarded Air Medals, to the applicant's DD
Form 214, as the Air Medal, with Numeral 2;

      c.  awarding he applicant the Good Conduct Medal for the period
11 October 1968 through 9 October 1970 and adding this award to the
applicant's DD Form 214;

      d.  awarding he applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to the applicant's DD Form 214;
and

      e.  awarding the applicant the Presidential Unit Citation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
and adding these unit awards to his DD Form 214.

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
award of the Purple Heart to the applicant and its addition to his DD Form
214.




                                  ____John Slone_________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005843                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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