RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MAY 2006
      DOCKET NUMBER:   AR20050011209


      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:

|     |Ms. Carol Kornhoff                |     |Chairperson          |
|     |Mr. John Moeller                  |     |Member               |
|     |Mr. Edward Montgomery             |     |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 award
of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for wounds
received in Vietnam and he is receiving 10% disability from the Department
of Veterans Affairs; however, the award of the Purple Heart is not listed
on his Report of Transfer or Discharge (DD Form 214).

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1972.  The application submitted in this case is dated
19 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 Minneapolis, Minnesota, on 22 December 1969 for a period
of 3 years and training in the Automotive Maintenance Career Management
Field.  He completed basic combat training at Fort Bragg, North Carolina,
and advanced individual training (AIT) at Fort Jackson, South Carolina, and
Fort Benning, Georgia.  He was advanced to the pay grade of E-4 on 10 July
1970.

4.  Upon completion of his AIT, he was transferred to Vietnam on 10 August
1970 and was initially assigned to E Troop, 1st Cavalry Division for duty
as a track vehicle mechanic.  On 25 September 1970, he was assigned the
duties of a rifleman in military occupational specialty (MOS) 11B10.

5.  He departed Vietnam on 14 March 1972 and was transferred to Fort Hood,
Texas, where he was assigned the duties of a wheel vehicle mechanic in a
transportation company.

6.  He remained at Fort Hood until he was honorably released from active
duty (REFRAD) on 26 June 1972 to attend school.  He had served 2 years, 6
months and 5 days of total active service.  His DD Form 214 issued at the
time of REFRAD indicates that he was awarded the National Defense Service
Medal, the Vietnam Service Medal with two bronze service stars, the
Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Bronze
Star Medal and the Combat Infantryman Badge.

7.  A review of the available records (medical records not available) fails
to show any official entries indicating that he was wounded as a result of
enemy action or that medical treatment was made a matter of record.  His
name is also not contained on the Vietnam Casualty Listing.  However, there
is an annotation of a general nature on his separation physical examination
indicating that he had “multiple scars from frag wounds in Vietnam on back
and left arm”.

8.  His records also show that he had excellent conduct and efficiency
ratings throughout his service and his records contain no derogatory
information that would serve to disqualify him for award of the Army Good
Conduct Medal (GCMDL).

9.  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.

10.  Army Regulation 600-8-22 establishes the criteria for award of the
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 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.

11.  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 for the period he served with the unit.
Additionally, the applicant participated in four campaigns while assigned
to Vietnam and thus is entitled to be awarded four bronze service stars for
wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Hearty for
wounds received in action in Vietnam have been noted.  However, he has
failed to show through evidence submitted with his application or the
available evidence of record that such was the case.  Therefore, lacking
sufficient evidence to establish that he was wounded as a result of enemy
action and that treatment for those wounds were made a matter of record,
there is no basis 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 22
December 1969 to 26 June 1972.  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 for the period he served with the unit.   He is also
entitled to four bronze service stars for wear on his VSM to denote his
campaign participation, vice the two bronze service stars already reflected
on his DD Form 214.  Accordingly, he is entitled to be awarded those awards
as well and to have his records corrected to reflect those awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____CK _  ___JM __  ____EM _  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 awarding him the GCMDL
for the period of 22 December 1969 to 26 June 1972, the RVNGC w/Palm Unit
Citation, and four bronze service stars for wear on his already VSM, vice
the two currently reflected on his records.

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 Purple Heart.




                                  ______Carol Kornhoff________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011209                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060523                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720626                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, PARA 5-3              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/agcm                                |
|3.107.0094              |140/rvngc                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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