RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002915


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, he was wounded in action on 20
September 1968 in Vietnam and the Purple Heart is not listed on his DD Form
214.

3.  The applicant provides an award certificate for the Purple Heart; a
copy of his DD Form 214; and a DD Form 215 (Correction to DD Form 214),
dated
31 October 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 June 1969.  The application submitted in this case is dated
10 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 was inducted on 12 July 1967.  He arrived in Vietnam on
5 July 1968.  He served as a light weapons infantryman assigned to Company
A, 1st Battalion, 16th Infantry of the 1st Infantry Division in Vietnam
from 18 July 1968 until he was wounded in action on 20 September 1968 and
transferred to the United States on 5 October 1968 for further medical
treatment.  On
12 June 1969, he was released from active duty in the rank of private first
class after serving 1 year, 11 months, and 1 day of creditable active
service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with
Device 1960 as authorized awards.

5.  Headquarters, 9th Infantry Division General Orders Number 9654, dated
5 October 1968, show the applicant received the Purple Heart for wounds
received in action on 20 September 1968.

6.  Headquarters, 1st Infantry Division Special Orders Number 253, dated
9 September 1968, show the applicant received the Combat Infantryman Badge.

7.  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
show he received conduct and efficiency ratings of “excellent” throughout
his service.

8.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

9.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 21, dated 1969.

10.  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 53, dated 1970.

11.  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.

12.  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.




DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart and the Combat
Infantryman Badge.

2.  The applicant was separated in the rank of private first class with 22
months 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 12 July 1967 through 12 June 1969
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant participated in one campaign during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
bronze service star.

4.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 12 June 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 11 June 1972.
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:

LS_____  __JM____  _JP_____  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 12 July 1967 through 12 June 1969; and


      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Purple Heart, the Combat Infantryman Badge, the
Vietnam Service Medal with one bronze service star, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.



                            ___Linda Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002915                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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