RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050017829


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, award of the Purple Heart and any
other awards or decorations not listed on his discharge document that he is
entitled to for his service in the U.S. Army.

2.  The applicant states, in effect, that he was wounded in Vietnam and was
told he would be awarded a Purple Heart, but never received the award.  He
also states, in effect, that he was unaware he could apply for correction
of his military records until just recently.

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
14 July 1970; DA Form 1361 (Recommended Findings of Physical Evaluation
Board), dated 15 April 1970; DA Form 199 (Physical Evaluation Board
Proceedings), dated 13 April 1970; DA Form 8-118 (Medical Board
Proceedings), dated
24 March 1970; Standard Form (SF) 502 (Clinical Record), dated 18 February
1969; SF 88 (Report of Medical Examination), dated 24 February 1970; and
USAARMC Form 1617 (Statement - Continuance on Active Duty), dated
24 March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 July 1970, the date of his discharge.  The application
submitted in this case is dated 16 November 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 August 1968.  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 A, 2nd Battalion, 12th Infantry, 25th Infantry Division in Vietnam
from
18 January 1969 through 10 March 1969.  On 14 July 1970, he was honorably
retired from the Army due to permanent physical disability after serving on
active duty for 1 year, 11 months, and 2 days.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 11
January 1969 through 11 March 1969.  Item 39 (Campaigns) of this document
is absent an entry.  Item 40 (Wounds) contains the entry "GSW (L) ARM
1FEB69" (i.e., Gunshot Wound (Left) Arm on 1 February 1969).  Item 41
(Awards and Decorations) shows that he was awarded the National Defense
Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification
Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with
Machinegun Bar.

6.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Vietnam, message, date-time-group 012122Z February
1969, addressed to Headquarters, Department of the Army, Casualty Division.
 This document shows, in pertinent part, that on 1 February 1969 at 1250
hours, the applicant sustained a gunshot wound of the left arm while on a
reconnaissance in force mission in Vietnam when he was hit by hostile small
arms fire.

7.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Vietnam, message, date-time-group 031931Z February
1969, addressed to Headquarters, Department of the Army, Casualty Division.
 This document shows, in pertinent part, that on 3 February 1969, the
applicant was medically evacuated from Vietnam to the 249th General
Hospital, Camp Drake, Japan.

8.  The applicant's name is listed on The Adjutant General, Casualty
Division's, Vietnam Casualty Roster and shows that he was wounded in action
in Vietnam on 1 February 1969.  However, there are no orders in the
applicant’s service personnel record that show he was awarded the Purple
Heart.

9.  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 National
Defense Service Medal and Vietnam Service Medal.

10.  In support of his application, the applicant provides his discharge
document and documents related to proceedings of his Medical Evaluation
Board (MEB) and Physical Evaluation Board (PEB).  In pertinent part, these
documents show that on 1 February 1969 the applicant sustained a gunshot
wound to his left arm while serving in the Republic of Vietnam, that the
wound was a direct result of armed conflict, and was caused by an
instrumentality of war.  These documents also show that the applicant was
permanently retired from the U.S. Army due to physical disability on 14
July 1970.

11.  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.

12.  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.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the Vietnam Counteroffensive Phase VI campaign.

14.  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 Company A, 2nd Battalion, 12th Infantry
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 5 (1973).  This document also shows that at the time of the
applicant's assignment the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 51 (1971).

15.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows,
in pertinent part, that Headquarters, U.S. Army Training Center, Fort
Campbell, Kentucky, Special Orders Number 251 (1968) awarded him the Expert
Marksmanship Qualification Badge with (M-14) Rifle Bar.  In addition, this
item shows that Headquarters, U.S. Army Training Center, Fort Lewis,
Washington, Special Orders Number 343 (1968) awarded him the Marksman
Marksmanship Qualification Badge with (M-60) Machinegun Bar.

16.  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.  There is no statute of limitations governing requests
for award of the Purple Heart.
17.  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.

18.  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.

19.  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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

21.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart for a wound he sustained as a result of hostile action in
Vietnam on
1 February 1969.  He also contends that his records should be corrected to
show all awards or decorations that he is entitled to for his service in
the U.S. Army.

2.  The evidence of records shows that the applicant was wounded in Vietnam
as a result of hostile action on 1 February 1969, the wound required
treatment, and the medical treatment was made a matter of official record.
Therefore, he is entitled to correction of his records to show award of the
Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 13 August 1968 through 14 July 1970 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 one campaign in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
bronze 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.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

7.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar and the Marksman Marksmanship
Qualification Badge with Machinegun Bar.  Therefore, it would be
appropriate to correct his records to show these two badges with the
respective component bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 July 1973.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is no statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

__RTD___  __DAC__  __RMN__  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 the applicant the Purple Heart for wounds received in
action in Vietnam on 1 February 1969;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct efficiency, and fidelity during the period 13 August 1968 through
14 July 1970;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Purple Heart, Good Conduct
Medal, Vietnam Service Medal with 1 bronze service star, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, Expert Marksmanship
Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification
Badge with Machinegun Bar.




                            ___Richard T. Dunbar____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017829                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700714                                |
|DISCHARGE AUTHORITY     |Title 10 USC, Section 1201              |
|DISCHARGE REASON        |Permanent Disability Retirement         |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0073.0000                           |
|4.                      |107.0094.0000                           |
|5.                      |107.0095.0000                           |
|6.                      |107.0108.0000                           |


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