RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050017723


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the face, just
above the left eye, in early April 1968 when his unit came under attack by
heavy artillery from Laos.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
11 July 1969; and a letter from a former fellow Soldier, dated 26 April
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 July 1969, the date of his release from active duty.  The
application submitted in this case is dated 28 April 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's military service records show that he was inducted into
the U.S. Army on 13 July 1967.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to
Company B, 1st Battalion, 12th Cavalry, 1st Cavalry Division (Air Mobile)
in Vietnam from 17 December 1967 through 7 December 1968.  He was honorably
released from active duty on 11 July 1969 after serving 1 year, 11 months,
and 29 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Air Medal,
Army Commendation Medal, Combat Infantryman Badge, National Defense Service
Medal, Vietnam Service Medal with 4 bronze service stars, Republic of
Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 11
December 1967 through 10 December 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
III, TET Counter-offensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, and an unnamed Vietnam Counteroffensive campaign.

7.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His
DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple
Heart in Item 41 (Awards and Decorations).  The applicant's name is not
listed on The Adjutant General, Casualty Division's, Vietnam Casualty
Roster.

8.  In support of his application, the applicant provides his DD Form 214
and a letter from a former fellow Soldier who served in the same unit as
the applicant in Vietnam in 1968.  In his letter the former fellow Soldier
states, in effect, that during Operation Pegasus Lam Son 207 Alpha, on 9 or
10 April 1968, their company was involved in a mission to retake a Special
Forces camp that had been overrun by the North Vietnamese.  He also states
that the unit came under attack by heavy artillery from Laos and the
applicant was wounded in the face, just above the left eye.  He adds that
the applicant was treated on the spot and returned to duty in a matter of
minutes.

9.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  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.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase III, TET
Counter-offensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI, a total of
five campaigns.
12.  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 at the time of the
applicant's assignment to 1st Battalion, 12 Cavalry (Vietnam) the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 56 (1969).

13.  The applicant's records contain a copy of Headquarters, 3rd Training
Brigade, Fort Jackson, South Carolina, Special Orders Number 171, dated
14 October 1967, which shows that he was awarded the Marksman Marksmanship
Qualification Badge with Automatic Rifle Bar.

14.  The applicant's records contain a copy of Headquarters, 3rd Training
Brigade, Fort Jackson, South Carolina, Special Orders Number 178, dated
24 October 1967, which shows that he was awarded the Marksman Marksmanship
Qualification Badge with Machinegun Bar.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign and a silver service star is worn in lieu of five bronze
service stars.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

20.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was wounded in the face, just above the left eye,
in early April 1968, when his unit came under attack by heavy artillery
from Laos.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Notwithstanding the
information the applicant provides from the former fellow Soldier who was
assigned to his unit in 1968, the applicant provides insufficient
documentary evidence to support his claim.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 13 July 1967 through 11 July 1969 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.
4.  Records show that the applicant served in five campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
silver service star to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  Special Orders awarded the applicant the Marksman Marksmanship
Qualification Badge with Automatic Rifle and Machinegun Bars.  Therefore,
it would be appropriate to correct his records to show this badge with the
two component bars.

7.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 July 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS__  __JTM___  __JLP___  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 showing award of the
Good Conduct Medal, Vietnam Service Medal with 1 silver service star,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman
Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars,
and 2 Overseas Service Bars.

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.




                                      __Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017723                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690711                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2, Section VI       |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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