RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050000800


      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             |
|     |                                  |     |Analyst              |

      The following members, a quorum, were present:

|     |                                  |     |                     |
|     |                                  |     |                     |
|     |                                  |     |                     |

      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, that any missing awards be added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).  He specifically requests the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, the Valorous Unit Award, the Presidential
Unit Citation, and the Purple Heart.

2.  The applicant states that he was not aware he was entitled to these
awards until he was informed by other members of his unit.  In a Privacy
Act Statement he completed for a Member of Congress, he requested award of
the Purple Heart for a friendly fire incident.

3.  The applicant provides a statement citing the above awards and a copy
of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 August 1967.  The application submitted in this case
is dated
3 December 2004.

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 12 August 1964, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed all required training and was subsequently
awarded military occupational specialty (MOS) 13B40, Field Artillery
Crewman.

4.  He was assigned to Vietnam from 6 January 1966 through 8 December 1966
with Battery C, 1st Battalion, 8th Artillery.  The 8th Artillery was a part
of the 25th Infantry Division.

5.  On 11 August 1967, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group
(Reinforcement).  His DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with
Device 1960, the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14), and one Overseas Service Bar.  He was subsequently honorably
discharged from the U.S. Army Reserve Control Group (Standby) on 11 August
1970.

6.  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.  The applicant's Army medical records are not
available.  They appear to have been loaned to the Department of Veterans
Affairs Regional Office in Nashville, Tennessee.

7.  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.

8.  Included as part of the Department of Defense Appropriations Act for
fiscal year 1994 was an amendment to the rules governing award of the
Purple Heart.  While the original rules established that the Purple Heart
would be awarded to individuals killed or wounded as a result of hostile
action the amendment enabled the Secretaries of each department to award
the Purple Heart to members of the armed forces who were killed or wounded
in action by weapon fire, while directly engaged in armed conflict, other
than as the result of an act of an enemy of the United States.  This
ruling, in effect, granted the service Secretaries the authority to award
the Purple Heart to individuals directly engaged in armed conflict who were
killed or wounded as a result of "friendly fire" as long as the “friendly”
projectile or agent was released with the full intent of inflicting damage
or destroying enemy troops or equipment.

9.  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.
10.  Army Regulation 672-5-1 (Military Awards), 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.

11.  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 two campaigns -- Vietnam Counteroffensive, which extended from 25
December 1965 through 30 June 1966; and Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967.

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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period December 1965 to August 1968 by Department of the
Army General Orders 48, dated 1971; the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period 1 January 1966 to 21
January 1970 by Department of the Army General Orders 51, dated 1971; and
the Valorous Unit Award for the period January 1966 to April 1966 by
Department of the Army General Orders 20, dated 1967.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to support the applicant's claim that he was
wounded either by hostile or friendly fire.  His name does not appear on
the Vietnam Casualty Listing.  His DA Form 20 has no entry showing any
wounds and his
Army medical records are not available for review.  Additionally, the
applicant has not provided any information as to the date of the incident,
location, or any other collaborating evidence.

2.  The applicant's DA Form 20 indicates that he received all "Excellent"
conduct and efficiency ratings during his tour of active duty.  His records
do not contain any evidence that he was convicted by courts-martial or
otherwise disqualified for award of the Good Conduct Medal.  Therefore, he
meets the criteria established at the time for this award and is entitled
to have it awarded and added to his DD Form 214 for the period 12 August
1964 through 11 August 1967.

3.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record show the applicant
participated in two campaigns during his assignment in Vietnam which are
not correctly shown with award of two 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 two
bronze service stars and correction of his DD Form 214 to show these
awards.

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

5.  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 have a correction of his records to show this award.

6.  General Orders show the applicant is entitled to award of the Valorous
Unit Award.  Therefore, he is entitled to have a correction of his records
to show this award.

7.  There is no evidence that the 25th Infantry Division or any of it's
assigned or attached units were authorized the Presidential Unit Citation
for the time period the applicant was assigned to Vietnam.  Therefore, he
is not entitled to a correction of his records to show this award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 August 1967.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 August 1970.  Although the applicant did not file
within the ABCMR's statute
of limitations, it is appropriate to waive failure to timely file in this
case based on the fact there is no statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __lds___  __mjf___  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:

      a.  deleting the Vietnam Service Medal on his DD Form 214;


      b.  awarding and adding the Good Conduct Medal; and


      c.  adding the Vietnam Service Medal with two bronze service stars;
the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;
and the Valorous Unit Award.

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
the Purple Heart and the Presidential Unit Citation.



                                  Margaret K. Patterson
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000800                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |107.0095                                |
|5.                      |107.0033                                |
|6.                      |                                        |


-----------------------
[pic]