RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060002614


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 award of the Purple Heart.

2.  The applicant states the Purple Heart, from wounds received in Vietnam,
was omitted from his separation document.

3.  The applicant's congressional representative noted the applicant lost
his medal and that he was given a Purple Heart while hospitalized in 1969
but his award was apparently never officially noted in his records.

4.  The applicant provides, via his congressional representative, copies of
service medical records and a copy of his Department of Veterans Affairs
(VA) rating decision.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active
duty on 24 May 1967 and was trained as an infantryman.  In March 1968 he
was assigned to Vietnam with the 5th Battalion, 46th Infantry, as part of a
unit move from Fort Hood, Texas.  In June 1968 he was reassigned to the 4th
Battalion,
21st Infantry.

2.  On 23 November 1968 the applicant was awarded a Bronze Star Medal with
"V" device in recognition of his heroic actions on 3 October 1968.  The
award, however, is recorded on his separation document without the "V"
device notation.

3.  According to medical treatment records provided by the applicant, he
was wounded as a result of hostile action on 18 February 1969.  The medical
treatment document notes that a Purple Heart was not awarded at the
hospital.  The applicant's name is among a list of individuals reported as
combat casualties while in Vietnam.

4.  The applicant departed Vietnam in March 1969 and on 28 March 1969 he
was released from active duty with an honorable characterization of service
in pay grade E-5.  His separation document does not reflect entitlement to
the Purple Heart.

5.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s conduct and efficiency
ratings throughout his military service were excellent, and he had no
record of any disciplinary actions or incidents of misconduct.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in five designated campaigns (TET
Counteroffensive, Vietnam Counteroffensive Phases IV, V and VI, and TET 69
Counteroffensive) during the applicant’s period of assignment.  A silver
service star, in lieu of five bronze service stars, on the Vietnam Service
Medal, which is recorded on his separation document, should reflect his
campaign participation.  The applicant is also entitled to a Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  The unit awards were also
omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile
action on 18 February 1969.  His records should be corrected accordingly.

2.  The evidence also confirms the applicant was awarded his Bronze Star
Medal for heroism.  However, the "V" device was omitted from the entry on
his separation document.  The separation document should be corrected to
reflect that his Bronze Star Medal was awarded with the "V" device.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 28 March 1969.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 24 May 1967 through 28 March 1969.
4.  The applicant is also entitled to a silver service star on his Vietnam
Service Medal and a Republic of Vietnam Gallantry Cross Unit Citation with
Palm.  His records should be corrected to reflect those decorations as
well.

BOARD VOTE:

___JI ___  ___GP __  ___KJ___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by awarding him the Purple Heart for wounds sustained on
18 February 1969;

      b.  by showing that his Bronze Star Medal was awarded with a "V"
device;


      c.  by awarding him the Army Good Conduct Medal for the period 24 May
1967 through 28 March 1969; and


      d.  by showing that he is entitled to a silver service star on his
Vietnam Service Medal and a Republic of Vietnam Gallantry Cross Unit
Citation with Palm.





                                  ______John Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002614                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]