RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 September 2006
      DOCKET NUMBER:  AR20060002918


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. 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, he be awarded the Purple Heart.

2.  The applicant states, in effect, that he did not receive his Purple
Heart and would like this injustice corrected.  He adds that he has
children and he would like for his children to have his Purple Heart.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 30 July 1969, the date of his release from active duty.  The
application submitted in this case is dated 14 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 limitation 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 records show he enlisted in the Regular Army on 3
August 1966.  He completed basic combat training at Fort Bragg, North
Carolina, and his advanced individual training at Fort Dix, New Jersey.
After completing all required training, he was awarded the military
occupational specialty (MOS), 64A (Light Vehicle Driver).  On 27 November
1967, the applicant was awarded the MOS 64C (Motor Transport Operator) as
his primary MOS.

4.  The applicant served in Vietnam from 13 December 1966 through 11
December 1967, with Headquarters and Headquarters Company, 2nd Battalion,
12th Cavalry Regiment, 1st Cavalry Division.

5.  The applicant was honorably released from active duty, on 30 July
1969, under the provisions of Army Regulation (AR) 635-200, early
release of overseas returnee.  He was separated in the rank/pay grade,
Corporal/E-4.  On the date he was released from active duty, he had
completed 2 years, 11 months, and 28 days active military service, with
no days lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the Purple Heart; the Army Commendation Medal; the
National Defense Service Medal; the Vietnam Service Medal; and the Republic
of Vietnam Campaign Medal.  The applicant's DD Form 214 shows the applicant
was awarded the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification
Record, shows he received a shrapnel fragmentation wound to the scalp and
neck on 21 October 1967.

8.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

9.  A copy of a Western Union Telefax, dated 22 October 1967, addressed to
the applicant's parents is in his service personnel records.  The text of
the telefax message states, "[the applicant] was slightly wounded in
Vietnam on 21 October 1967 as a result of hostile action.  He sustained
metal fragment wounds to the neck and scalp.  He was setting up for night
defense when hit by the fragments from a hostile mortar round."

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; and the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which lists
unit awards received by units serving in Vietnam, shows the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 9 August 1965 through 9
May 1969, by Department of the Army General Order (DAGO) Number 59, dated
1969 and the Valorous Unit Award, for
the period 1 through 31 October 1967, by DAGO 39, dated 1970.  The
applicant was assigned to this unit at the time the unit was cited for
these unit awards.  He is entitled to have them added to his DD Form 214.

14.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

15.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  a.) the wound
was the result of hostile action, b.) the wound must have required
treatment, and c.) the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar, in Special Orders Number 117, Paragraph 1, published by
Headquarters, 189th Maintenance Battalion (GS), Fort Bragg, North Carolina,
on 9 October 1968.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was wounded and is entitled to award
of the Purple Heart.  The Purple Heart is already recorded on the
applicant's DD Form 214 but it is apparent by his request and statements he
did not receive the award orders or the medal set.  He is entitled to
orders showing he was awarded the Purple Heart and the medal set.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
the applicant did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 3 August 1966
through 30 July 1969.

3.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with two
bronze service stars, and to have these awards added to his DD Form 214.

4.  The applicant served in a unit, which was awarded the Valorous Unit
Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, while he was a member of the unit.  These unit awards are not
shown on his DD Form 214.  He is entitled to these unit awards and to have
them added to his DD Form 214.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar.  This marksmanship qualification badge is not shown on his
DD Form 214.  He is entitled to have this qualification badge added to his
DD Form 214.

6.  The applicant served in Vietnam for 13 months, counting the month of
his arrival in and the month of his departure from Vietnam.  He is
therefore entitled
to award of two overseas service bars and to have these bars added to his
DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 July 1972.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence and
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__ROM__  __RML__  __ena __  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Good Conduct Medal, for the period
3 August 1966 through 30 July 1969; the Vietnam Service Medal, with two
bronze service stars; and two overseas service bars, and adding these
awards to his DD Form 214;

      c.  awarding the applicant the Valorous Unit Award and the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit
awards to his DD Form 214;

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Rifle Bar to his DD Form 214; and

      e.  publishing replacement orders awarding the Purple Heart to the
applicant for wounds he sustained in combat on 21 October 1967, while he
served in the rank and pay grade of Specialist Four/E-4, in the Republic of
Vietnam, and providing him the corresponding medal set.




                            ____Eric N. Anderson _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002918                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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