RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050006764


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 award of the Purple Heart, the Army Commendation
Medal and the Army Commendation Medal with "V" device.

2.  The applicant states a general pinned the Purple Heart on him while he
was an inpatient at Qui Nhon Hospital.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1969, the date of his separation from active duty.
The application submitted in this case is dated 19 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 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.  Records show the applicant was inducted on 31 January 1967.  He was
trained in, awarded, and served in military occupational specialty (MOS)
11B10 (Rifleman) and the highest rank he attained while serving on active
duty was specialist/pay grade E-4.  The applicant served in the Republic of
Vietnam during the period 5 July 1967 through 30 June 1968.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.  This form also does not show any
awards of the Army Commendation Medal.

5.  Headquarters, 85th Evacuation Hospital General Orders Number 161, dated
19 October 1967, show the applicant was awarded the Purple Heart for wounds
received in action on 11 October 1967.

6.  Headquarters, 1st Cavalry Division General Orders Number 4827, dated
15 June 1968, show the applicant was awarded the Army Commendation Medal
for the period July 1967 to July 1968.  There is no evidence in the
available records that shows the applicant was awarded an Army Commendation
Medal with a "V" device.

7.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

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 that, at the time of the
applicant’s assignment to the 1st Battalion, 34th Infantry Division, the
unit was cited for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters Department of the Army General Orders
Number 8, dated 1974.

9.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive Phase III, the Tet Counteroffensive, and the
Vietnam Counteroffensive Phase IV.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his tour of duty in
Vietnam.  This same regulation states that a bronze service star will be
awarded for wear on the Vietnam Service Medal for participation in each
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records
to show award of the Purple Heart.  General Orders show the applicant was
awarded the Purple Heart for wounds sustained on 11 October 1967.
Therefore, his records should be amended to show this award.

2. The applicant contends that he is entitled to correction of his records
to show award of the Army Commendation Medal.  General Orders show the
applicant was awarded the Army Commendation Medal for the period July 1967
to July 1968.  Therefore, he is entitled to correction of his records to
show this award.




3.  The applicant contends that he is entitled to correction of his records
to show award of the Army Commendation Medal with "V" device.  There is no
evidence in the available records and the applicant has not provided
sufficient evidence which shows he was entitled to or awarded the Army
Commendation Medal with "V" device.  Absent such evidence, there is no
basis to grant the relief requested.

4.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

5.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore is eligible for award of three
bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1972.  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:
__     ___  __       __   _          __  GRANT FULL RELIEF

_RR____  _BJE__ _  _HOF___  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 showing award of the
Purple Heart, the Army Commendation Medal, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and three bronze service stars to be affixed
to his 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
award of the Army Commendation Medal with "V" device.





                                  __ Barbara J. Ellis_
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006764                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant Plus                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]