RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050015923


      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. Paul Wright                   |     |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, in effect, correction of his separation
document to show award of the Silver Star, the Bronze Star Medal, and the
Purple Heart.

2.  The applicant states when he was clearing from his company at Fort
Riley, Kansas his authorized awards were never added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).  He
implies that he also never actually received the medals themselves.

3.  The applicant provides a copy of a certificate for the Silver Star
dated 30 May 1969; a copy of General Orders Number 4478, dated 16 May 1969,
published by Headquarters, 1st Infantry Division awarding him the Silver
Star; a copy of a certificate for the Bronze Star Medal dated 11 August
1969; a copy of the citation for the Bronze Star Medal; and a copy of his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 February 1970.  The application submitted in this case
is dated 28 October 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.  On 15 February 1968, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed Basic Combat Training
(BCT) and Advanced Individual Training (AIT), and was subsequently awarded
military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  He was transferred to Vietnam from 19 July 1968 through 18 July 1969
and assigned to Company D, 1st Battalion, 28th Infantry, 1st Infantry
Division.

5.  On 13 February 1970, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group (Annual
Training).  His DD Form 214 shows he was awarded the National Defense
Service Medal, the Republic of Vietnam Campaign Medal, two Overseas Service
Bars, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle
Bar, the Vietnam Service Medal, the Air Medal, the Expert Marksmanship
Qualification Badge with M-60 Machinegun Bar, and the Combat Infantryman
Badge.  He was subsequently honorably discharged from the U.S. Army Reserve
Control Group (Standby) on 1 February 1974.

6.  General Orders Number 4478, dated 16 May 1969, published by
Headquarters, 1st Infantry Division, awarded the applicant the Silver Star
for gallantry in action on 6 February 1969.  The order states the applicant
was "painfully wounded" on 6 February 1969 during this action.  This order
contains an administrative error in that the last digit of his Social
Security number is shown as being "2" rather than "6.”

7.  General Orders Number 7493, dated 25 July 1969, published by
Headquarters, 1st Infantry Division, awarded the applicant the Bronze Star
Medal for meritorious achievement from July 1968 to July 1969.  This order
contains an administrative error in that the last digit of his Social
Security number as being "2" rather than "6."  His Certificate and Citation
contain the same error.

8.  The applicant's name does not appear on the Vietnam Casualty Listing.
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) has no
entry showing any wounds.  Item 41 (Awards and Decorations) shows no
listing for the award of the Purple Heart.  However, the applicant's order
awarding him the Silver Star states he was painfully wounded as a result of
hostile action on
6 February 1969.  His Standard Form 88 (Report of Medical Examination),
dated January 1970, shows in Item 37 (Clinical Evaluation) evidence of a
shrapnel wound to the right leg.  Item 74 (Summary of Defects and
Diagnosis) confirms a shrapnel wound to the right leg.

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 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.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

11.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

12.  AR 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.  The applicant served in Vietnam
during four campaigns -- Vietnam Counteroffensive, Phase V, which extended
from 1 July through 1 November 1968; Vietnam Counteroffensive, Phase VI,
which extended from 2 November 1968 through 22 February 1969; Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

13.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 12 July 1965 to 16 October 1968 by Department of
the Army General
Orders 21, dated 1969.  The unit was also awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for the period October
1965 to
7 April 1970 by Department of the Army General Orders 53, dated 1970.

14.  Special Orders Number 124, dated 15 May 1968, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk, shows the
applicant was awarded the Marksman Marksmanship Qualification Badge with M-
16 Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has supplied a copy of orders awarding him the Silver
Star.  Therefore, he is entitled to a correction of his records to show
this award on his DD Form 214.

2.  The applicant has provided a copy of the Certificate and Citation for
the Bronze Star Medal.  His records contained a copy of the orders
authorizing this award.  Therefore, he is entitled to a correction of his
records to show this award on his DD Form 214.

3.  The applicant's name is not listed on the Vietnam Casualty Listing, his
DA Form 20 does not reflect wounds or award of the Purple Heart, and there
are no orders in his records for award of the Purple Heart.  However, his
orders awarding him the Silver Star indicate that he was "painfully
wounded" as a result of hostile action and his Standard Form 88 also
confirms fragment wounds to the right leg.  Therefore, in the interest of
justice, it would be appropriate to award the applicant the Purple Heart
for wounds received on 6 February 1969 and have this award added to his DD
Form 214.

4.  The applicant served honorably and faithfully throughout his period of
induction.  During this period, the applicant was awarded the Silver Star
and the Bronze Star Medal.  He entered active duty in the rank of Private
(PVT/E-1) and was released from active duty in the rank of Sergeant (SGT/E-
5).  He achieved that rank in a period of 1 year, 11 months, and 29 days of
active duty.  There is no indication of any lost time or indiscipline in
the applicant's available personnel records or that he was otherwise
disqualified from receiving the GCMDL by any of his unit commanders.  He is
therefore entitled to award of the GCMDL for the period 15 February 1968
through 13 February 1970.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam which are
not correctly shown by award of four bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with
four bronze service stars and correction of his DD Form 214 to show these
service stars.

6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

7.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore,
he is entitled to correction of his records to show award of this foreign
unit award.

8.  Special Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have
his badge correctly reflected on his DD Form 214.

9.  The Board notes the typographical errors in the applicant's orders and
other documents which can be explained by the fact the unit was in combat
and time did not permit proper proofreading; therefore, no amendments were
done.  However, these documents clearly refer to the applicant and
correction of same would serve no useful purpose.

BOARD VOTE:

__le____  __phm___  __eif___  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:

      a.  Deleting the Vietnam Service Medal on his DD Form 214 of
13 February 1970; and
      b.  Adding the Vietnam Service Medal with 4 bronze service stars; the
Silver Star; the Bronze Star Medal; the Purple Heart for wounds received on
6 February 1969; the Good Conduct Medal for the period 15 February 1968
through 13 February 1970; the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation; and the Marksman Marksmanship Qualification Badge with
M-16 Rifle Bar.



                                  Lester Echols
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015923                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0007                                |
|2.                      |107.0014                                |
|3.                      |107.0015                                |
|4.                      |107.0056                                |
|5.                      |107.0094                                |
|6.                      |107.0095                                |


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