RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 September 2006
      DOCKET NUMBER:  AR20060002166


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Mr. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in action in the
Republic of Vietnam (RVN) on 8 August 1969.  He claims he was supposed to
be awarded the PH at the hospital; however, he was getting x-rays, so he
never received it.

3.  The applicant provides his separation document (DD Form 214), a medical
treatment record, and a Congressional Inquiry letter in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 14 January 1971, the date of his release from active duty.
 The application submitted in this case is dated 1 February 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's record shows that he enlisted in the Regular Army and
entered active duty on 22 January 1969.  He was trained in and awarded
military occupational specialty (MOS) 11D (Armor Reconnaissance
Specialist), and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 22 June 1969 through
19 September 1969.  Item 38 (Record of Assignments) shows that during his
RVN tour, he was assigned to E Troop, 1st Cavalry Regiment, 11th Infantry
Brigade, performing duties in MOS 11D as a scout driver.  Item 38 shows
that on 12 August 1969, he was assigned to the Medical Holding Detachment,
249th General Hospital, United States Army Pacific (USARPAC) as a patient,
and on 19 September 1969, he was reassigned to Fort Knox, Kentucky.  It
also confirms that the applicant received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.

5.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that
confirms on 8 August 1969, he received a fragment wound to his face.  Item
41 (Awards and Decorations) shows that during his active duty tenure, he
earned the National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM), and Sharpshooter Qualification Badge with Rifle Bar.  His Military
Records
Jacket (MPRJ) is void of any derogatory information, or a unit commander
disqualification that would preclude him from receiving the Army Good
Conduct Medal (AGCM).

6.  On 14 January 1971, the applicant was honorably separated after
completing a total of 1 year, 11 months, and 23 days active military
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was
issued at the time shows he earned the NDSM, VSM, and Sharpshooter
Qualification Badge with Rifle Bar.

7.  During the processing of this case, a member of the Board staff
reviewed
the Department of the Army (DA) Vietnam Casualty Roster.  This roster
contains an entry confirming the applicant was wounded in action in the RVN
on
8 August 1969.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.

9.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with while serving in the RVN.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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 Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Paragraph 9-19 of the awards regulation contains guidance on award of
the RVN Campaign Medal.  It states, in pertinent part, that it is
authorized to members who met one of the following requirements:  served in
the Republic of Vietnam for 6 months during the period 1 March 1961 to 28
March 1973.  It further stipulates that members who served in the RVN for
less than six months, who were wounded by hostile forces, were also
eligible for this award.  The regulation further states that the Device
1969 is worn with this award.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (E Troop, 1st Cavalry Regiment)
earned the RVN Gallantry Cross with Palm Unit Citation.  It also shows that
during this period, credit was granted for the Vietnam Summer-Fall 1969
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  The record shows the applicant was wounded in
action in the RVN on 8 August 1969, as evidenced by an entry in Item 40 of
his DA Form 20, and an entry on the Vietnam Casualty Roster, the official
DA list of RVN battle casualties.  Therefore, it would be appropriate to
award him the PH, and to add it to his record at this time.

2.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 22 January 1969 through 14 January 1971.


3.  By regulation, a member who did not complete the basis six month
service requirement, but was wounded by hostile forces in the RVN between 1
March 1961 and 28 March 1973, is entitled to receive RVN Campaign Medal
with
1960 Device.  In this case, the evidence of record confirms the applicant
was wounded in action in the RVN on 8 August 1969, and as a result was
medically evacuated.  Therefore, it would appropriate to correct his record
to show his entitlement to this award.


4.  The applicant's record also shows that based on his RVN service and
campaign participation, he was entitled to the RVN Gallantry Cross with
Palm Unit Citation and 1 bronze service star with his VSM.  Thus, it would
also be appropriate to add these awards to his record and separation
document at this time.

BOARD VOTE:

___ENA    __RML __  __ROM _  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 awarding him the Purple Heart and Army
Good Conduct Medal for the period 22 January 1969 through 14 January 1971;
by showing his entitlement to the Republic of Vietnam Campaign Medal with
1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and 1 bronze service star with his Vietnam Service Medal; and by providing
him a correction to his separation document that includes these awards.




                            _____Eric N. Anderson _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002166                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/09/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/01/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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