RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      24 August 2006
      DOCKET NUMBER:  AR20060000287


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that the Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant made no statement beyond the statement in his request.

3.  The applicant submits a copy of his DD Form 214, with an effective
date of separation of 11 January 1968; a copy of a certificate for award
of the Purple Heart, dated 24 April 1967; and a copy of his Honorable
Discharge Certificate, dated 11 January 1965.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 11 January 1968, the date of his honorable discharge.  The
application submitted in this case is dated 13 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 limitation 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 records show the applicant enlisted in the
Regular Army on 17 June 1960.  He was honorably released from active duty
on 18 June 1963 in the rank/pay grade, Private First Class/E3, at the
expiration of his term of service.  The DD Form 214 he was issued on his
release from active duty shows he was awarded the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar (M-1 Carbine).  No other awards are
shown on this DD Form 214.

4.  During this enlistment, the applicant served in the Republic of Korea.
He departed the United States on 24 January 1961 and arrived there on 27
January 1961.  He returned to the United States on 18 May 1962.

5.  The applicant’s records show he reenlisted in the Regular Army on 12
January 1965.  He was honorably discharged on 11 January 1968 in the
rank/pay grade, Specialist Four/E4, at the expiration of his term of
service.  On the date he was
released from active duty, he had completed 3 years net service this
period and a total of 6 years combined active duty service.

6.  The applicant served in Vietnam from 4 May 1966 through 2 May 1967.
On his arrival in Vietnam, the applicant was assigned to Company A, 2nd
Battalion, 18th Infantry Regiment, 1st Infantry Division.  On 2 June 1966,
he was reassigned to Battery A, 1st Battalion, 7th Artillery Regiment, in
the same division.  He remained with this unit until he was returned to
the United States and was reassigned to Fort Dix, New Jersey.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and the Combat
Infantryman Badge.  The Purple Heart is not shown among his awards.

8.  The applicant was awarded the Purple Heart, for a wound received in
connection with military operations against a hostile force on 30 March
1967, by General Orders Number 2643, published by Headquarters, 1st
Infantry Division, on 27 April 1967.  The Purple Heart is not shown on
the applicant's DD Form 214.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in two campaigns: the
Vietnam Counteroffensive, which extended from 25 December 1965 through 30
June 1966; and the Vietnam Counteroffensive, Phase II, which extended from
1 July 1966 through 31 May 1967.

11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the units the applicant
served with, subordinated units of the 1st Infantry Division, were awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 12 July 1965 through 16 October 1968, by Department of the Army
General Order (DAGO) Number 21, dated 1969; the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 12 July
1965 through 7 April 1970, by DAGO 53, dated 1970; and the Meritorious Unit
Commendation, for the period July 1966 through February 1967, by DAGO 17,
dated 1968.  These unit awards are not shown on the applicant's DD Form
214.

12.  Army Human Resources Command Message (Date Time Group 9 February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from
28 July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area
of eligibility for thirty consecutive or sixty non-consecutive days.

13.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:
a) be engaged in actual combat during an armed engagement, regardless of
the time in the area of eligibility;  b) is wounded or injured in the
line of duty and requires medical evacuation from the area of
eligibility;  c) participates as a regularly assigned air crew member
flying sorties for thirty consecutive days or sixty nonconsecutive days
into, out of, within, or over the area of eligibility in support
of military operations; or  d) served in operations and exercises
conducted in the area of eligibility as long as the basic time criteria
is met.  The message further provided that, due to extensive time period
for the Korea Defense Service Medal eligibility, the non-consecutive
service period for eligibility remains cumulative throughout the entire
period.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

16.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
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.  One overseas
service bar is authorized for each six-month period served in the Republic
of Vietnam.  To calculate the entitlement, both the month of arrival and
month of departure are counted as a whole month no matter the number of
days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in
connection with military operations against a hostile force on 30 March
1967.  This award is not shown on his DD Form 214.  He is entitled to
have it added to his DD Form 214.

2.  While in Vietnam, the applicant served in two campaigns.  His DD Form
214 shows the Vietnam Service Medal; however it does not show the service
stars to which he is entitled for his campaign participation.  He is
entitled to award of the Vietnam Service Medal, with two bronze service
stars, and to have this award correctly shown on his DD Form 214.

3.  The applicant served in units of the 1st Infantry Division, which were
awarded the Meritorious Unit Commendation; 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 a
member of those units.  These unit awards are not shown on his DD Form 214.
 He is entitled to these unit awards and to have them added to his DD Form
214.

4.  The applicant served in Vietnam for 12 months, including the month of
arrival in Vietnam and the month of departure from Vietnam.  He is
therefore entitled to award of two overseas service bars and to have these
bars added to his DD Form 214.

5.  During his first enlistment, the applicant served a tour of duty in the
Republic of Korea.  He is therefore entitled to award of the Korea Defense
Service Medal and to have it added to his last issued DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 January 1971.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

_JM_ __  __RCH___  __SWF__  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, the Korea Defense Service Medal; and two overseas service
bars, and adding these awards to his DD Form 214;

      c.  awarding the applicant the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and
adding these unit awards to the applicant's DD Form 214; and

      d.  adding the already-awarded Purple Heart to the applicant's DD
Form 214.




                            ______Jeanette_R. McCants____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000287                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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