RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 December 2005
      DOCKET NUMBER:  AR20050006139


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard Sayre                 |     |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 correction of his military records to show award
of the Purple Heart.

2.  The applicant states the Purple Heart was issued after he was sent home
from Vietnam.  He contends that although he received the medal, it is not
listed on his DD Form 214 (Report of Transfer or Discharge).  He points out
that item 27 (Wounds Received as a Result of Action with Enemy Forces) on
his DD Form 214 shows that he sustained a shrapnel wound to his left hand
on 14 November 1965.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1965.  The application submitted in this case is
dated 4 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 was inducted on 27 November 1963.  He served as a light
weapons infantryman assigned to Company A, 1st Battalion, 7th Cavalry of
the 1st Cavalry Division in Vietnam from 18 August 1965 until he was
wounded in action on 14 November 1965 and evacuated to the United States on

18 November 1965 for further medical treatment.  On 16 December 1965, the
applicant was released from active duty in the temporary rank of sergeant
after completing 2 years and 20 days of creditable service with no time
lost.

4.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the
Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, the
Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Pistol Bar as authorized awards.
Item 27 on his DD Form 214 shows he sustained a shrapnel wound to his left
hand on 14 November 1965.  His DD Form 214 also shows that he was separated
from the service on temporary records and a Soldier’s affidavit.
5.  There are no orders for the Purple Heart in the available records.
However, the applicant’s service personnel records contain a message which
indicates he sustained a metal fragment wound to his left hand while on a
search and destroy mission which was the result of hostile action on 14
November 1965 in Vietnam.  The Vietnam Casualty Roster also shows the
applicant was wounded in action on 14 November 1965.

6.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  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 the applicant’s unit is entitled
to award of the Presidential Unit Citation for actions during the period 23
October 1965 to
26 November 1965 by Department of the Army General Orders Number 40, dated
1967.

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation based on Department of the Army General Orders Number 21,
dated 1969.

10.  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, and the medical treatment must have been made a matter of
official record.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

12.  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.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on
14 November 1965 in Vietnam.  Therefore, he is entitled to award of the
Purple Heart and correction of his DD Form 214 to show this award.

2.  Based on the applicant’s service in Vietnam, he is entitled to award of
the Vietnam Service Medal with one bronze service star.

3.  The applicant was separated in the temporary rank of sergeant with two
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 27 November 1963 through 16 December
1965 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant is entitled to award of the Vietnam Campaign Medal
because he qualified for award of the Vietnam Service Medal and was
evacuated prior to completing six months of service due to wounds resulting
from hostile action.

5.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

6.  The applicant's unit was cited for award of the Presidential Unit
Citation and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation while he was assigned to it.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 16 December 1965; therefore, the time for the
applicant to file a request for correction of any error expired on 15
December 1968.  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:

JM_____  __ML____  _RD____  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 wounds received in action on
14 November 1965 in Vietnam;

      b.  awarding him the first award of the Good Conduct Medal for the
period 27 November 1963 to 16 December 1965; and

        c.  amending his DD Form 214 to add award of the Purple Heart and
the Good Conduct Medal and to show that he was awarded the Vietnam Service
Medal with one bronze service star, the Vietnam Campaign Medal, the
National Defense Service Medal, the Presidential Unit Citation and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.




            __John Meixell________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006139                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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