RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       3 October 2006
      DOCKET NUMBER:  AR20060003309


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, the Purple Heart he was awarded be
added to his DD Form 214, Armed Forces of the United States, Report of
Transfer or Discharge.

2.  The applicant states, in effect, that he was awarded the Purple Heart
for wounds he received in combat and this medal is not listed on his DD
Form 214.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a copy of general orders, dated 12 April 1969, which award him
the Purple Heart; a copy of a DA Form 8-275-2, Clinical Record Cover Sheet,
dated 19 May 1969; a copy of a DA Form 8-275-3, Clinical Record Cover
Sheet, dated 31 March 1069; and a copy of a Clinical Record – Narrative
Summary, dated 2 April 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 12 January 1970, the date he was released from
active duty.  The application submitted in this case is dated 20 February
2006 and was received for processing on 2 March 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 was inducted into the Army of the
United States on 11 June 1968.  He completed basic combat training and his
advanced individual training at Fort Ord, California.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 10 November 1968 through 23 May
1969, with Company C, 2nd Battalion, 1st Infantry Regiment, 196th Infantry
Brigade.
5.  On 22 March 1969, the applicant received multiple fragmentation wounds
in the left arm and thigh in a mortar attack near Tien Phouc.  He was
medically evacuated to the 106th General Hospital in Japan from the 312th
Evacuation Hospital in Vietnam, on 31 March 1969.

6.  On his release from hospitalization and treatment, the applicant was
assigned to the Republic of Korea.  The applicant served in Korea from 23
May 1969 through 12 January 1970 when he was returned to the United States
for his release from active duty.

7.  The applicant was honorably released from active duty, on 12 January
1970, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Four/E-4.  On the date he was released from active duty, he had completed 1
year, 7 months, and 2 days active military service, with no days lost.

8.  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 National Defense Service Medal; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; the Marksman
Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle];
Armed Forces Expeditionary Medal; and the Combat Infantryman Badge.  The
Purple Heart is not shown on the applicant's DD Form 214.

9.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.

10.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.

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

12.  Notwithstanding the above evidence, the applicant was awarded the
Purple Heart in General Orders Number 2517, Headquarters, Americal
Division, for wounds he received in connection with military operations
against a hostile force, on 22 March 1969.  These general orders are dated
12 April 1969.
13.  Item 25 (Selected Administrative Data), of the DA Forms 8-275-2, the
applicant submitted in evidence, shows he was awarded the Purple Heart
for the same action, twice.  Before he was medically evacuated to the
106th General Hospital, in Japan, the applicant was awarded the Purple
Heart in General Orders Number 35, Headquarters, 312th Evacuation
Hospital, dated 25 March 1969.  A copy of this general order is not
available.

14.  The applicant's name appears on the Vietnam Casualty List.  He is
listed as being, "Hostile wounded in action – Not serious hospitalized."

15.  The applicant's DD Form 214 does not show his entitlement to the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and to other
awards for which he qualified.

16.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VI,
which extended from 2 November 1968 through 22 February 1969; and the Tet
69 Counteroffensive, which extended from 23 February through 8 June 1969.

17.  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.

18.  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, a subordinate unit of the US Army, Vietnam, (USARV) is
entitled to award of the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 20 July 1965 through 28 March 1973, awarded
by DAGO 8, dated 1974.

19.  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.

20.  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.

21.  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.

22.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Service Medal.  This medal is awarded to all members of the Armed Forces of
the United States for qualifying service in Vietnam after 3 July 1965
through 28 March 1973. Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

23.  AR 600-8-22 provides, in pertinent part, for award of the Republic of
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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 service
outside the geographical limits of the Republic of Vietnam that contributed
direct combat support to the Republic of Vietnam and its Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal.

24.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area
of eligibility encompasses all land area of the Republic of Korea, and the
contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

25.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

26.  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.

27.  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 the applicant provided shows he was wounded as a result of
hostile action.  He was awarded the Purple Heart for the wounds he received
in action on 22 March 1969; however, the general orders were not filed in
his
service personnel records and therefore, the Purple Heart was not included
on his DD Form 214 when he was released from active duty.  Based on the
evidence, the applicant is entitled to have the Purple Heart added to his
DD Form 214.

2.  The applicant had "excellent" conduct and efficiency ratings throughout
his time on active duty.  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 11
June 1968 through 12 January 1970 and to have this award added to his DD
Form 214.

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.

4.  The evidence shows the applicant served in Vietnam for over six months
and was medically evacuated from Vietnam for wounds he received there.  He
is therefore entitled to award of the Republic of Vietnam Campaign Medal
and to have this award added to his DD Form 214.

5.  The applicant served in a unit, which was subordinate to the USARV,
which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  He was a member of the unit at the time USARV was cited for this
award.  This unit award is not shown on his DD Form 214.  He is entitled to
this unit award and to have it added to his DD Form 214.

6.  The applicant served in Vietnam for more than 6 months, including the
month of his arrival in and the month of his departure from Vietnam.  He is
therefore entitled to award of one overseas service bar and to have this
bar added to his DD Form 214.

7.  The evidence shows the applicant was assigned to Korea after he was
released from hospitalization and treatment in Japan after being medically
evacuated.  The applicant met the criteria for award of the Korea Defense
Service Medal and is entitled to have this award added to his DD Form 214.

8.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 12 January 1970; therefore, the
time for the applicant to
file a request for correction of any error or injustice expired on 11
January 1973.
The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence, it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

_KLW___  ___SJS__  ___TMR_  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.  adding the already-awarded Purple Heart to the applicant's
DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period 11
June 1968 through 12 January 1970, and adding this award to his DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal with two bronze
service stars, the Republic of Vietnam Campaign Medal, the Korea Defense
Service Medal, and one overseas service bar, and adding these awards to his
DD Form 214; and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.




                            ______Kenneth L. Wright____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003309                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|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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