RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050013703


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Ernestine I. 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 show his award
of the Purple Heart.

2.  The applicant states that he was wounded and received a Purple Heart
certificate and the medal but that the award was not recorded in his
records.

3.  The applicant provides a photocopy of a Purple Heart medal and a copy
of a certificate awarding him the Purple Heart for wounds received on 16
November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 May 1969, the date of his release from active duty.
The application submitted in this case is dated 12 September 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.  The records show the applicant enlisted and entered active duty on
1 June 1966.  He completed training and was awarded the military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 14 November 1966 he completed additional training and was awarded
the MOS 11F (Infantry Operations and Intelligence Specialist).

5.  A Standard Form 506 (Clinical Record) completed at the 51st Evacuation
Hospital, Vietnam indicates that the applicant was admitted and released
from the hospital the same day, 16 November 1968, for treatment of shell
fragment wounds to his back, left shoulder, and right forearm.

6.  On 13 March 1969 his primary MOS was converted back to 11B.

7.  The applicant was honorably released from active duty in the grade of
staff sergeant (E-6) on 24 May 1969 under Army Regulation 635-200, chapter
5 with a separation program number 411 (early release - overseas returnee).
 He had 2 years, 11 months, and 24 days of creditable service.

8.  His DD Form 214 (Report of Transfer or Discharge) lists his awards as
the National Defense Service Medal, the Vietnam Service Medal, the Republic
of Vietnam Campaign Medal with "1960" device, the Combat Infantryman Badge,
the Parachutist Badge, and the Expert Marksmanship Qualification Badge with
Rifle Bar.

9.  The record does not contain a copy of a DA Form 20 to verify the
specific dates of his service in Vietnam.  However, he is shown to have
served in Vietnam with Special Operations Augmentation, Command and Control
Center, 5th Special Forces Group (Airborne), 1st Special Forces in Vietnam
for 7 months and 19 days and was released from active duty under the early
overseas returnee program.

10.  The record contains no indication of any derogatory information or
indications any disciplinary actions.

11.  A review of the Vietnam Casualty List did not locate any reference to
the applicant's wound.

12.  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 the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been 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.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.  Current practice requires that
the commander provide written notice of nonfavorable consideration and
permits the individual to respond.


14.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following three campaign periods:  the Counteroffensive Phase V,
1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November
1968 - 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969
– 8 June 1969.

15.  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 while the applicant was
assigned to the 5th Special Forces Group (Airborne), 1st Special Forces, it
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The record of medical treatment and the Purple Heart certificate are
sufficient to support the applicant's contention that he received a wound
as the result of hostile action and was awarded the Purple Heart.
Therefore, it is appropriate to correct the records to show that the
applicant was awarded the Purple Heart for wounds received on 16 November
1968.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service and his promotion to E-6.  The
record contains no indication of any disqualifying incidents or
recommendations.  It is appropriate to award the applicant the Good Conduct
Medal for his period of service from 1 June 1966 through 24 May 1969.

3.  In addition to the awards listed on the DD Form 214 the applicant is
also authorized award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Meritorious Unit Commendation.

4.  The applicant is shown to have served in Vietnam for 7 and 1/2 months.
This period of service ended just prior to his separation from active duty
and would have commenced in late September or early October of 1968.  This
time frame covers three campaign periods.  As such the applicant can be
shown to be authorized to wear three bronze service stars on his Vietnam
Service Medal.

BOARD VOTE:

__LE ___  __PHM __  __EF ___  GRANT FULL RELIEF

________  ________  ________  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 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 he was awarded the
Purple Heart for wounds received on 16 November 1968.

2.  The Board also determined that the applicant is entitled to award of
the Good Conduct Medal for his period of service from 1 June 1966 through
24 May 1969.

3.  The Board further found that in addition to the awards listed on his DD
Form 214, the applicant is also authorized award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, the Meritorious Unit
Commendation, and to wear three bronze service stars on his Vietnam Service
Medal.




                                  ___      Lester Echols_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013703                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT Plus                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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