RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 December 2005
      DOCKET NUMBER:  AR20050006908


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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, correction of his DD Form 214
(Report of Transfer or Discharge) to show a second award of the Purple
Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and
the Good Conduct Medal.

2.  The applicant states his DD Form 214 should show two awards of the
Purple Heart.  He states he has two Purple Heart certificates in his
possession and letters of appreciation.

3.  The applicant provides a copy of his DD Form 214; an award certificate
for the Purple Heart for wounds received in action on 11 November 1967;
three letters of appreciation; service medical records; and service
personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 March 1969.  The application submitted in this case is dated 5 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 22 March 1967.  He arrived in Vietnam on
17 August 1967.  He served as a light weapons infantryman assigned to
Company B, 3rd Battalion, 8th Infantry of the 4th Infantry Division in
Vietnam from 1 September 1967 through 24 May 1968.  He was assigned to
Company C, 3rd Battalion, 21st Infantry of the 196th Infantry Brigade in
Vietnam from 3 June 1968 through 10 August 1968.  On 21 March 1969, the
applicant was released from active duty in the temporary rank of specialist
four after completing 2 years of creditable active service with no time
lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Purple Heart, the Bronze Star Medal, the Marksman
Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Machine gun Bar as authorized awards.


5.  Headquarters, 4th Infantry Division General Orders Number 463, dated
23 January 1968, show the applicant received the Purple Heart for wounds
received in action on 11 November 1967.

6.  Headquarters, 4th Infantry Division General Orders Number 2243, dated
28 May 1968, show the applicant received the Purple Heart for wounds
received in action on 17 May 1968.

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.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

9.  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 (3rd
Battalion, 8th Infantry) was cited for award of the Presidential Unit
Citation for actions during the period 29 October 1967 to 30 November 1967
by Department of the Army General Orders Number 38, dated 1971.

10.  Department of the Army Pamphlet 672-3 show the applicant's unit (3rd
Battalion, 8th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (3rd Battalion, 8th Infantry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 53, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Purple Heart.

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, 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received two awards of the Purple Heart.
Therefore, his DD Form 214 should be corrected to show award of the Purple
Heart with First Oak Leaf Cluster.

2.  The applicant was separated in the temporary rank of specialist four
with 2 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 22 March 1967 through 21 March 1969
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

4.  The applicant's unit (3rd Battalion, 8th Infantry) was cited for award
of 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 assigned to it.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 21 March 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 20 March
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:

RD_____  _JG_____  _SF_____  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 first award of the Good Conduct Medal for the
period 22 March 1967 through 21 March 1969; and

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Purple Heart with First Oak Leaf
Cluster, the Vietnam Service Medal with three bronze service stars, 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.




            __Richard Dunbar______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006908                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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