RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050006946


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 two awards of the Purple Heart (correctly known
as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states he was wounded twice in Vietnam, in the summer of
1968 in the left arm and in the fall of 1968 in the left arm.  He contends
that he was treated by a medic, that the medic reported his injuries to the
headquarters, and that he saw his name on the Morning Reports to receive
the medals but he never received them.

3.  The applicant provides one page of his DA Form 20 (Enlisted
Qualification Record) and a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 July 1969.  The application submitted in this case is dated 21 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 18 September 1967.  He arrived in Vietnam
on 28 February 1968.  He was assigned to Company D, 2nd Battalion, 12th
Cavalry of the 1st Cavalry Division in Vietnam from 7 March 1968 through 24
February 1969.  The applicant was released from active duty on 9 July 1969
in the temporary rank of specialist four after completing 1 year, 9 months,
and 22 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat
Infantryman Badge, two awards of the Overseas Service Bar, the Air Medal,
the American Campaign Medal, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, and the First Class Gunner Badge (Machine Gun) as
authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.
6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  A search of Morning Reports for Company D, 2nd Battalion, 12th Cavalry
during the period 1 June 1968 to 31 August 1968 revealed that the applicant
went on temporary duty to Sydney, Australia on 9 August 1968 and returned
on 19 August 1968.  These Morning Reports did not show the applicant was
wounded in action during this timeframe.

8.  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.

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

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
348, dated 7 January 1969 show the applicant received the Army Commendation
Medal for meritorious service during the period February 1968 to February
1969.

11.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit 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 42, dated 1972.

13.  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.  The
regulation also states that the bronze oak leaf cluster is awarded to
denote the second and succeeding awards of certain decorations, among which
is the Purple Heart.

14.  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.

15.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was wounded twice in Vietnam,
there is no evidence of record which shows that the applicant was wounded
or treated for any injuries as a result of hostile action in Vietnam.
Therefore, there is insufficient evidence on which to base any award of the
Purple Heart in this case.
2.  The applicant was separated in the temporary rank of specialist four
with over 21 months 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 18 September 1967
through 9 July 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 five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

4.  Orders show the applicant received the Army Commendation Medal.  The
applicant's DD Form 214 shows he was awarded the American Campaign Medal,
which he clearly was not eligible for, and which may have been confused
with the Army Commendation Medal.  However, as the applicant does not
request correction of his record to remove the American Campaign Medal, it
will not be deleted from his DD Form 214.

5.  The applicant's unit was cited for award of 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.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 9 July 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 8 July 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

TD_____  __RD____  _JM____  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.  awarding him the first award of the Good Conduct Medal for the
period 18 September 1967 through 9 July 1969; and

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Vietnam Service Medal with one silver
service star, the Army Commendation Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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
two awards of the Purple Heart.


            ___Ted Kanamine_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006946                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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