RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            19 September 2006
      DOCKET NUMBER:   AR20060003511


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 that his award of the Purple Heart be added to
his report of separation (DD Form 214).

2.  The applicant states that he was awarded the Purple Heart in Vietnam
and it was never added to his DD Form 214.

3.  The applicant provides a copy of the telegram his mother received when
he was wounded.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 October 1968.  The application submitted in this case is
dated 27 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.  He enlisted in Montgomery, Alabama on 15 October 1965 for a period of
3 years.  He completed his basic combat training at Fort Benning, Georgia
and his advanced individual training (AIT) at Fort Leonard Wood, Missouri.
Upon completion of his AIT he was transferred to Fort Lewis, Washington for
assignment to Company C, 4th Engineer Battalion, 4th Infantry Division as a
loader operator.

4.  On 7 July 1966, he was transferred to Vietnam with his unit.  He was
advanced to the pay grade of E-3 on 11 August 1966.

5.  On 5 May 1967, the applicant suffered a contusion to the left elbow
when his 5-ton truck struck an enemy land mine.  He was treated at the 45th
Surgical Hospital and was returned to duty.  A Western Union Telegram was
dispatched to his parents on 8 May 1967.

6.  He was advanced to the pay grade of E-4 on 4 July 1967 and departed
Vietnam on 9 July 1967 for assignment to Fort Stewart. Georgia, where he
remained until 14 October 1968, when he was honorably released from active
duty (REFRAD) due to the expiration of his term of service (ETS).  He had
served 3 years of total active service and his DD Form 214 issued at the
time of his REFRAD indicates that he was awarded the National Defense
Service Medal, the Vietnam Service Medal with two bronze service stars and
the Republic of Vietnam Campaign Medal.

7.  A review of his records fails to show any indication that he was
awarded the Purple Heart; however, the original casualty message and
Western Union Sending Blank are contained in his records.

8.  The applicant’s records indicate that he had excellent conduct and
efficiency ratings throughout his service and his records are void of
derogatory information that could serve to disqualify him for award of the
Good Conduct Medal (GCMDL).

9.  Army Regulation 600-8-22 (Military Awards) 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
the wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders present in the applicant’s records showing
that he was awarded the Purple Heart, it is reasonable to presume, given
the documentation contained in his records , that he was in fact awarded
the Purple Heart as he asserts, and that the orders never caught up with
his personnel records.  Accordingly, it would be appropriate to add that
award to his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 15 October 1965 through 14 October 1968.  This conclusion is
based on the fact that the record is void of derogatory information, which
would preclude the applicant from being awarded the GCMDL, and the lack of
any specific action by the applicant’s unit commander to disqualify him
from receiving the award.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation.  Accordingly, he is entitled to have that award added
to his records at this time as well.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 October 1971.  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:

____JA _  ___ML___  ___TR __  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 GCMDL for the period
of 15 October 1965 through 14 October 1968, while serving in the rank of
SP4 and by showing that he was awarded the PH and the RVNGC w/Palm Unit
Citation.






                            ____James Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003511                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19681014                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/GCMDL                               |
|3.107.0094              |140/RVNGC                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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