RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060000662


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 his records be corrected to show award of the
Purple Heart.

2.  The applicant states he was wounded and received the actual medal but
it was not recorded on his DD Form 214 (Report of Transfer or Discharge).

3.  In a statement from his wife, she indicates they have been trying for a
number of years to get the record corrected.  She states that the applicant
is hospitalized with chronic obstructive pulmonary disease and would like
to correct the record.

4.  The applicant provides a copy of his DD Form 214 and a statement from
his wife.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1970.  The application submitted in this case is
dated 3 January 2006.

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 in the Kansas Army National Guard (KSARNG) on
18 January 1966.  He entered active duty for his initial active duty for
training on 11 April 1966, completed training and was released back to the
KSARNG on 21 October 1966.  During this period of service the applicant was
awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant served honorably with the KSARNG until ordered to active
duty in accordance with a Presidential Order on 24 April 1968.



5.  The applicant served at Fort Carson, Colorado from 23 May 1968 through
1 April 1969 when he was reassigned to duty in Vietnam.  The applicant
served with Company B, 26th Engineer Battalion from 12 May 1969 through
15 November 1969.

6.  A DA Form 8-275-2 (Clinical Cover Sheet) indicates the applicant
received a penetrating fragment wounds to the left axilla (armpit), left
forearm, and left buttocks from a land mine 1000 hours on 12 November 1969.
 The wounds were determined to be in the line of duty and a result of enemy
action.

7.  Headquarters, 27th Surgical Hospital General Orders Number 22, dated
13 November 1969 awarded the applicant the Purple Heart for wounds received
in action on 12 November 1969.

8.  On 16 November 1969 he was transferred to the Medical Holding Company,
United States Army Hospital, Camp Zama, Japan.

9.  The DD Form 214 indicates the applicant was honorably released from
active duty and transferred to the KSARNG on 22 January 1970 as a
specialist four   (E-4).  He had 1 year, 8 months, and 10 days of
creditable service.  The DD Form 214 lists his awards as the National
Defense Service Medal, the Vietnam Service Medal, and the Republic of
Vietnam Campaign Medal with “1960” Device.  It also states the applicant
was released to the National Guard to complete his remaining 2 years of
obligated service.

10.  The applicant was honorably discharged from the KSARNG on 2 February
1970.  The NGB Form 22 (Report of Separation and Record of Service In the
Army National Guard of Kansas) lists his awards as the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with “1960” Device, the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar (for the M-14 Rifle, in May 1966) and Pistol Bar (in June
1968), and the Marksman Marksmanship Qualification Badge with Rifle Bar
(for the M-1 Rifle in April 1967).

11.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the
“Rifle Badge” and the Vietnam Service Medal.  It records his conduct and
efficiency rating as exclusively excellent.  The entries for campaigns and
wounds are both blank.



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 while the applicant was
assigned to Company B, 26th Engineer Battalion it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following three campaign periods:  the Tet 69 Counteroffensive,
23 February 1969 – 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 -
31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April
1970.

14.  Army Regulation 600-8-22, chapter 4, states that the Good Conduct
Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of active
Federal military service.  A record of punishment is not automatically
disqualifying.  However, at that time, a single conduct or efficiency
rating of less than excellent was disqualifying.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.
 At that time, a disqualification was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of enemy action and was awarded
the Purple Heart for the wounds.  His record contains a copy of the orders
awarding him this medal and it is appropriate to correct his records to
include it on his DD Form 214.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his combat service, his conduct and efficiency
ratings, and his promotion to E-4.  The record contains no indication of
any disqualifying incidents or recommendations.  It is appropriate to award
the applicant the Good Conduct Medal for his period of service from 13 May
1968 through 22 January 1970.
3.  The applicant served during three campaign periods and is authorized to
wear three bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on his DD Form 214, the applicant is
also authorized the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle and
Pistol bars, and the Marksman Marksmanship Qualification Badge with Rifle
bar.

5.  In this case, the applicant failed to file the application within the 3-
year statute of limitations.  However, the applicant has satisfactorily
demonstrated that it would be in the interest of justice to excuse the
failure to timely file.

BOARD VOTE:

_RDG___  __PMS__  __LMD__  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 Good Conduct Medal for his period of
service from 13 May 1968 through 22 January 1970; and

      b.  showing that, in addition to the awards listed on his DD Form
214, the applicant was awarded the Purple Heart and is also authorized the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol bars,
the Marksman Marksmanship Qualification Badge with Rifle bar, and he is
authorized to wear three bronze service stars on his Vietnam Service Medal.






                            ___     Paul M. Smith_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2006000662                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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