RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 MAY 2006
      DOCKET NUMBER:   AR20050010414


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Ray Thomas                    |     |Member               |
|     |Ms. Ernestine Fields              |     |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 that his records be corrected to reflect his
award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart
for wounds received in Vietnam on 16 May 1968 and that award was never
entered in his records.

3.  The applicant provides a copy of his Purple Heart Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 June 1968.  The application submitted in this case is dated 8
July 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.  He enlisted in Omaha, Nebraska, on 26 July 1966 for a period of 2
years.  He completed his training as a pioneer, was advanced to the pay
grade of E-3 on 12 April 1967 and was transferred to Vietnam on 4 June
1967.

4.  Upon arrival in Vietnam he was assigned to the 8th Engineer Battalion,
1st Cavalry Division.  He was advanced to the pay grade of E-4 on 12
September 1967 and was promoted to the pay grade of E-5 on 16 January 1968.

5.  His records show that on 16 May 1968, he was slightly wounded as a
result of hostile action and received metal fragment wounds to the back of
his neck while on combat operations when hit by fragment from a hostile
rocket round.

6.  There is no indication in the available records to show that he was
awarded the Purple Heart; however, his name is contained on the Vietnam
Casualty Listing as being wounded on 16 May 1968.

7.  He departed Vietnam on 3 June 1968 and was transferred to Fort Lewis,
Washington, where he was honorably released from active duty on 4 June 1968
as an overseas returnee.  He had served 1 year, 10 months and 9 days of
total active service and was awarded the National Defense Service Medal,
the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign
Medal.

8.  The Purple Heart Certificate provided by the applicant confirms that he
was wounded on 16 May 1968.

9.  A review of his records shows that the applicant received excellent
conduct and efficiency ratings throughout his service and his record is
void of any derogatory information that would serve to disqualify him for
award of the Army Good Conduct Medal (GCMDL).

10.  Army Regulation 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was 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.

11.  Army Regulation 600-8-22 establishes the criteria for award of the
Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  The regulation outlines the criteria for
award of the Good Conduct Medal (GCMDL) and provides, in pertinent part,
that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity
in active Federal military service.  It is awarded on a selective basis to
each soldier who distinguishes him or herself from among their fellow
soldiers by their exemplary conduct, efficiency, and fidelity throughout
their service.  There is no right or entitlement to the medal until the
immediate commander has approved the award and the award has been announced
in permanent orders.  Separation transfer points will review records of
enlisted personnel being separated to determine whether they qualify for
award of the GCMDL.  Where possible, a reasonable effort will be made to
contact the unit commander prior to awarding the medal to qualified
members.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) for the
period he served with the unit.  Additionally, the applicant participated
in three campaigns while assigned to Vietnam and thus is entitled to be
awarded three bronze service stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly confirms the applicant’s contention that
he was awarded the Purple Heart for wounds received in action in Vietnam on
16 May 1968.  Accordingly, it would be in the interest of justice to add
that award to his records at this time.

2.  After carefully examining the applicant’s record of service, it appears
that the applicant should have received the GCMDL for his service from 26
July 1966 to 4 June 1968.  This conclusion is based on the fact that the
record is void of any derogatory information, which would preclude the
applicant from being awarded the GCMDL, and the lack of any specific action
by the applicant’s unit commander to disqualify him from receiving the
award.

3.  The evidence suggests that the applicant not receiving the GCMDL was
likely the result of an administrative error as opposed to it being the
result of a conscious disqualification by any of the unit commanders for
which he served.  Therefore, in the interest of justice, this error should
be corrected and the applicant should receive the GCMDL at this time.

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and the MUC for the period he served with the unit.
He is also entitled to three bronze service stars for wear on his VSM to
denote his campaign participation.  Accordingly, he is entitled to be
awarded those awards as well and to have his records corrected to reflect
those awards.




BOARD VOTE:

___JS___  ____TR _  ___EF___  GRANT FULL 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 showing that he was awarded the Purple
Heart and by awarding him the GCMDL for the period of 26 July 1966 to 4
June 1968, the RVNGC w/Palm Unit Citation, the MUC and three bronze service
stars for wear on his already awarded VSM.






                            ______John Slone______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010414                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060509                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680604                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, Sec VII, SPN 411      |
|DISCHARGE REASON        |O/S Returnee                            |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/AGCM                                |
|3.107.0034              |80/MUC                                  |
|4.107.0094              |140/RVNGC                               |
|5.                      |                                        |
|6.                      |                                        |


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