RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20060000142


      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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) for the period ending 26 October 1973 to
show the Purple Heart and the Sharpshooter Marksmanship Qualification Badge
with Auto Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with
Machine Gun Bar, and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

2.  The applicant states he was discharged before his records were updated.

3.  The applicant provides a copy of his DD Form 214 for the period ending
26 October 1973 and a letter, dated 27 April 2005, from the National
Personnel Records Center to the applicant which shows that the National
Personnel Records Center verified entitlement to the Purple Heart and the
above mentioned marksmanship badges.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
26 October 1973.  The application submitted in this case is dated 22
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 enlisted on 10 October 1967 for a period of 3 years.  He
served as a light weapons infantryman assigned to Company D, 1st Battalion,
11th Infantry in Vietnam from 24 July 1968 until he was wounded in action
on
25 October 1968.  On 30 September 1970, the applicant was released from
active duty in the rank of sergeant after completing 2 years, 11 months,
and
21 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 for the period ending 30 September 1970
shows the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman
Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
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 25 October 1968 and sustained
a fragment wound to his left leg.  The Vietnam Casualty Roster also shows
he was wounded on 25 October 1968.

6.  There are no orders for the Sharpshooter Marksmanship Qualification
Badge with Auto Rifle Bar or the Sharpshooter Marksmanship Qualification
Badge with Machine Gun Bar in the applicant’s service personnel records.
Item
29 (Qualification in Arms) on the applicant’s DA Form 20 shows he qualified
as sharpshooter with the M-14 and M-16 rifles.  His records contain orders
for the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14
and
M-16), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar,
and the First Class Gunner Badge.

7.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

8.  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 first enlistment.

9.  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 43, dated 1970.

10.  The applicant reenlisted on 28 October 1970 for a period of 3 years.
He served as a light weapons infantryman and was honorably discharged on
26 October 1973.

11.  The applicant’s DD Form 214 for the period ending 26 October 1973
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 Combat Infantryman Badge, and the Marksman Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

12.  A DA Form 1577 (Authorization for Issuance of Awards), dated 5
November 1984, shows the applicant was issued the Purple Heart.
13.  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.

14.  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.

15.  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 25 October 1968 are accepted
as sufficient evidence on which to amend his DD Form 214 for the period
ending
26 October 1973 to show award of the Purple Heart.

2.  There are no orders for the Sharpshooter Marksmanship Qualification
Badge with Auto Rifle Bar or the Sharpshooter Marksmanship Qualification
Badge with Machine Gun Bar in the applicant’s service personnel records.
In the absence of orders or any other evidence which shows the applicant
qualified for these marksmanship badges, the DA Form 1577 provided by the
applicant is not sufficient as a basis for award of these marksmanship
badges.  Therefore, there is insufficient evidence on which to base award
of the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar or
the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar in
this case.
3.  Orders show the applicant received the Sharpshooter Marksmanship
Qualification Badge with Rifle Bars (M-14 and M-16), the Sharpshooter
Marksmanship Qualification Badge with Pistol Bar, and the First Class
Gunner Badge.

4.  The applicant was separated in the rank of sergeant with almost 3 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 10 October 1967 through 30 September 1970
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.  He did not complete a
qualifying period of service (three years) during his second enlistment to
qualify for a second award of the Good Conduct Medal.

5.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 26 October 1973; therefore, the time for the
applicant to file a request for correction of any error expired on 25
October 1976.  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:

________  ________  ________  GRANT FULL RELIEF

WP____  __MT____  _WC____  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.  awarding him the first award of the Good Conduct Medal for the
period 10 October 1967 through 30 September 1970; and
       b.  amending his DD Form 214 for the period ending 26 October 1973
to add the Good Conduct Medal and to show that he was awarded the Purple
Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-
14 and M-16), the Sharpshooter Marksmanship Qualification Badge with Pistol
Bar, the First Class Gunner Badge, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

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 Sharpshooter Marksmanship Qualification Badge with Auto Rifle
Bar or the Sharpshooter Marksmanship Qualification Badge with Machine Gun
Bar.




                            __William Powers______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000142                           |
|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.                      |107.0109                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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