RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017541


      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. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he sustained gunshot wounds to both hips.

3.  The applicant provides a copy of his DD Form 214 and a VA Form 21-526e
(Veterans’ Application for Compensation or Pension at Separation from
Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 March 1969.  The application submitted in this case is dated
1 December 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 applicant was inducted on 15 March 1967.  He arrived in Vietnam on
21 August 1967.  He served as a light weapons infantryman assigned to
Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry of the
25th Infantry Division in Vietnam from 27 August 1967 until he was wounded
in action and transferred to the United States on 20 April 1968 for further
medical treatment.  On 14 March 1969, the applicant was released from
active duty in the temporary rank of specialist four after completing 2
years 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 with one bronze service star, the Republic of
Vietnam Campaign Medal with Device 1960, the Bronze Star Medal, and the
Combat Infantryman Badge as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, item 40 (Wounds) on his DA Form 20 (Enlisted
Qualification Record) shows he was wounded on 28 February 1968 and
sustained a gunshot wound to his left buttocks.  The Vietnam Casualty
Roster also shows he was wounded on 28 February 1968.

6.  There are no orders for the Bronze Star Medal in the applicant’s
service personnel records.  Item 41 (Awards and Decorations) on the
applicant’s DA Form 20 shows entitlement to the “BRONZE STAR” and the
issuing authority was Headquarters, 25th Infantry Division General Orders
Number 2309.  However, these orders, dated 2 April 1968, show the applicant
received the Bronze Star Medal with “V” Device for heroism on 13 February
1968 in Vietnam.

7.  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.

8.  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 48, dated 1971.

9.  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 51, dated 1971.

10.  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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant’s DA Form 20 and the Vietnam Casualty
Roster which show he was wounded in action on 28 February 1968 are accepted
as sufficient evidence on which to award the Purple Heart and correct his
DD Form 214 to show this award.

2.  The applicant’s DD Form 214 shows the Bronze Star Medal as an
authorized award.  However, orders show he received the Bronze Star Medal
with “V” Device.  Therefore, it would be appropriate to correct his DD Form
214 to show the Bronze Star Medal with “V” Device.

3.  The applicant was separated in the temporary rank of specialist four
with
2 years 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 15 March 1967 through 14 March 1969
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant's unit received 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.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 14 March 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 13 March 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:

WP____  __MT____  __WC___  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.  awarding him the Purple Heart for wounds received in action on
28 February 1968 in Vietnam;

      b.  awarding him the first award of the Good Conduct Medal for the
period 15 March 1967 through 14 March 1969;

      c.  deleting the entry, “Bronze Star Medal” from item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) on his DD Form 214; and

      d.  amending his DD Form 214 to add the Purple Heart and the Good
Conduct Medal and to show that he was awarded the Bronze Star Medal with
“V” Device, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|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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