RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060001268


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 his Army Commendation Medal be
upgraded to the Bronze Star Medal.  He requests correction of his DD Form
214 (Report of Transfer or Discharge) to show the Presidential Unit
Citation.  He also requests the issuance of the Purple Heart.

2.  The applicant states, in effect, while serving as an infantryman
assigned to the 1st Squad, 1st Platoon, Company C, 1st Battalion, 5th
Infantry of the 25th Infantry Division he was wounded during a firefight.
Approximately one month before his tour of duty ended, and after having a
medical procedure done on his foot which prevented him from walking any
distances, he was assigned to a mortar platoon.  At the end of his tour,
when all other members of his original squad and platoon were given the
Bronze Star Medal, he instead was given the Army Commendation Medal.  He
also contends the Presidential Unit Citation was awarded to all the members
of his unit.  He further states that after his discharge his military
records were corrected to show the Combat Infantryman Badge and the Purple
Heart; however, he never received the citation for the Purple Heart or the
medal.

3.  The applicant provides a copy of his DD Form 214; a DD Form 215
(Correction to DD Form 214), dated 15 May 1980; and an Activity Log for
Company C, 1st Battalion, 5th Mechanized Infantry of the 25th Infantry
Division during the period 21 October 1967 to 18 October 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
3 April 1969.  The application submitted in this case is dated 18 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 requested that his Army Commendation Medal be upgraded to
the Bronze Star Medal.  There are no orders or other evidence authorizing
the Bronze Star Medal to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request that his Army
Commendation Medal be upgraded to the Bronze Star Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

4.  The applicant was inducted on 4 April 1967.  He arrived in Vietnam on
23 October 1967.  He served as a light weapons infantryman assigned to
Company C, 1st Battalion, 5th Infantry in Vietnam from 26 October 1967
through 16 October 1968.  On 3 April 1969, the applicant was released from
active duty.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Army Commendation Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

6.  On 20 May 1980, the U.S. Army Reserve Components Personnel and
Administration Center issued a DD Form 215 (Correction to DD Form 214),
dated 15 May 1980, which amended the applicant’s DD Form 214 to show the
Combat Infantryman Badge and the Purple Heart, apparently as a result of
the applicant locating a field medical card to show he had been wounded on
26 February 1968 in Vietnam.

7.  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 was cited for
award of the Presidential Unit Citation for actions during the period 18
August 1968 to
20 September 1968 by Department of the Army General Orders Number 82, dated
1969.

8.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation (January 1966 to August 1968) based on Department of the Army
General Orders Number 48, dated 1971, and one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (1 September 1968 to
30 September 1970) based on Department of the Army General Orders Number 5,
dated 1973.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit
is entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number
9, dated 1979.
10.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

11.  Army Regulation 600-8-22 (Military Awards), 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.  This regulation provides that a silver service star is authorized
in lieu of five bronze service stars.

12.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be recorded in
official personnel records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was cited for the Presidential Unit Citation and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

2.  The applicant’s unit was awarded two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  However, his DD Form 214 should be corrected to show two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

4.  In 1980, a DD Form 215 amended the applicant’s DD Form 214 to show the
Purple Heart but it appears orders were not issued at that time.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 3 April 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 2 April
1972.  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:

JA______  __DD___  _JH_____  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 him the Purple Heart for wounds received in action on
26 February 1968 in Vietnam; and

      b.  amending his DD Form 214 to show that he was awarded the
Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and the Vietnam Service Medal with four
bronze service stars.




                            ___James Anderholm____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001268                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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