RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060002092


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Ms. Qawiy Sabree                  |     |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 correction of item 3a (Grade, Rate, or Rank) on
his DD Form 214 (Report of Transfer or Discharge) to show specialist
four/pay grade
E-4; correction of item 26 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) to show the Purple
Heart; and correction of item 27 (Wounds Received as a Result of Action
with Enemy Forces) to show he was wounded on 4 November 1965 in Vietnam.

2.  The applicant states, in effect, that incorrect information was
utilized at the time of his separation and that information was omitted
from his DD Form 214.

3.  The applicant provides an award certificate for the Purple Heart; a
citation and award certificate for the Bronze Star Medal; an award
certificate for the Bronze Star Medal with “V” Device; and a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
2 August 1966.  The application submitted in this case is dated 25 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 was inducted on 3 August 1964.  He arrived in Vietnam on
20 August 1965.  He served as a light weapons infantryman assigned to
Company A, 2nd Battalion, 8th Cavalry of the 1st Cavalry Division in
Vietnam from 15 September 1965 through 31 July 1966.  His separation orders
show that he was released from active duty on 2 August 1966 in the rank of
specialist four after completing 2 years of creditable active service with
no time lost.

4.  Item 3a on the applicant’s DD Form 214 shows the entry, “PFC [private
first class] E-3 (P) [permanent].”  Item 3b (Date of Rank) on his DD Form
214 shows the entry, “8 APR 65.”  His DD Form 214 shows the Parachutist
Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Bronze
Star Medal with “V” Device, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar as authorized awards.  Item 27 on his DD Form 214
shows the entry, “NONE.”

5.  Item 33 (Appointments and Reductions) on the applicant’s DA Form
20 (Enlisted Qualification Record) shows he was promoted to the temporary
(T) rank of specialist four/pay grade E-4 effective 19 October 1965.

6.  Headquarters, United States Army Vietnam General Orders Number 1422,
dated 5 November 1965, show the applicant received the Purple Heart for
wounds received in action on 4 November 1965 in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
162, dated 9 January 1966, show the applicant received the Bronze Star
Medal with “V” Device for heroism on 4 November 1965.

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
2397, dated 15 July 1966, show the applicant received the Bronze Star Medal
for meritorious service during the period 20 September 1965 to 22 July
1966.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3222, dated 13 September 1966, show the applicant received the Air Medal.

10.  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 service.

11.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

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 the applicant’s unit is entitled
to award of the Presidential Unit Citation for actions during the period 23
October 1965 to
26 November 1965 based on Department of the Army General Orders Number 40,
dated 1967.

13.  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 based on Department of the Army General Orders Number 59,
dated 1969.

14.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  The regulation in effect at
the time stated, in pertinent part, that the grade an individual was
serving in at the time of separation would be entered in item 3a on the DD
Form 214 (indicating whether temporary or permanent).  Pay grades would
also be shown.

15.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.

16.  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.

17.  Army Regulation 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.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device 1960.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to the temporary
rank of specialist four/pay grade E-4 effective 19 October 1965.
Therefore, items 3a and 3b should be corrected on his DD Form 214.

2.  Orders show the applicant received the Purple Heart and the Air Medal.

3.  Evidence of record shows the applicant was wounded in action on
4 November 1965 in Vietnam; therefore, it would be appropriate to correct
item 27 on his DD Form 214.

4.  The applicant’s DD Form 214 shows the Bronze Star Medal with “V” Device
as an authorized award; however, orders show he received a second award of
the Bronze Star Medal for meritorious service.  Therefore, his DD Form 214
should be corrected to show the Bronze Star Medal with First Oak Leaf
Cluster with “V” Device.

5.  The applicant was separated in the rank of specialist four with 2 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 3 August 1964 to 2 August 1966 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

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

7.  The applicant served a period of qualifying service for the National
Defense Service Medal and the Republic of Vietnam Campaign Medal with
Device 1960.

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

9.  Records show the applicant should have discovered the alleged errors
now under consideration on 2 August 1966; therefore, the time for the
applicant to file a request for correction of any error expired on 1 August
1969.  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:

AR_____  _LB____  QS______  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 first award of the Good Conduct Medal for the
period 3 August 1964 to 2 August 1966;

      b.  deleting the entries in items 3a, 3b, and 27 on his DD Form 214;

      c.  adding the entry, “SP4” [specialist four] E-4 (T)” in item 3a on
his DD Form 214;

      d.  adding the entry, “19 OCT 65” in item 3b on his DD Form 214;

      e.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Purple Heart, the Air Medal, the Bronze Star
Medal with First Oak Leaf Cluster with “V” Device, the Vietnam Service
Medal with three bronze service stars, the National Defense Service Medal,
the Republic of Vietnam Campaign Medal with Device 1960, the Presidential
Unit Citation, and the  Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and

      f.  adding the entry, “Vietnam 4 NOV 65” in item 27 on his DD Form
214.



                            ___Allen Raub_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002092                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |107.0015                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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