RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      5 October 2006
      DOCKET NUMBER:  AR20060004562


      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. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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, that his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected to show
the Bronze Star Medal and the two Purple Hearts he was awarded while he
served in Vietnam.

2.  The applicant states, in effect, that he is not sure why they weren't
listed – he just recently noticed these omissions and he would just like to
set the record straight.

3.  In support of his application, the applicant submits a copy of his DD
Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the awards be added to the
applicant's DD Form 214 as he has requested.

2.  Counsel states, in effect, they continue to note the applicant's
contentions in his request for a correction of his DD Form 214 to reflect
two Purple Hearts and one Bronze Star Medal.

3.  Counsel provides no additional documents in support of the applicant's
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 21 July 1970, the date of his release from active duty.  The
application submitted in this case is dated 21 February 2006 and was
received for processing on 30 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 17 July 1968.  He completed basic combat training at Fort
Lewis, Washington, and his advanced individual training at Fort McClellan,
Alabama.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in the Republic of Vietnam from 24 February 1969
through 12 September 1969, with Company B, 2nd Battalion, 12th Infantry
Regiment, 25th Infantry Division.

5.  The applicant was honorably released from active duty, on 21 July
1970.  The evidence shows the applicant was released from active duty at
the expiration of his term of service, under the provisions of Army
Regulation (AR) 635-200; however, the evidence shows he was retained in
service for 5 days for the convenience of the Government.  He was
separated in the rank/pay grade, Private First Class/E-3.  On the date he
was released from active duty, he had completed 2 years and 5 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 National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
and the Combat Infantryman Badge.  The Bronze Star Medal and a second
Purple Heart, in effect, a Purple Heart, with an oak leaf cluster, are not
shown on the applicant's DD Form 214.

7.  There are two entries in Item 40 (Wounds) of the applicant's DA Form
20, Enlisted Qualification Record, to show he received wounds in action
against a hostile force on 19 June 1969 and on 30 August 1969.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Bronze Star Medal and a
second Purple Heart, in effect, a Purple Heart, with an oak leaf cluster.

9.  Orders in the applicant's military personnel records show he was
awarded the Purple Heart, for a wound he received in action against a
hostile enemy on 19 June 1969, by General Orders Number 8050, published by
Headquarters, 25th Infantry Division, on 21 June 1969.

10.  Orders in the applicant's military personnel records show he was
awarded a second Purple Heart, for wounds he received in action against a
hostile enemy on 30 August 1969, by General Orders Number 11226, published
by Headquarters, 25th Infantry Division, on 3 September 1969.  This award
of the Purple Heart was not posted to the applicant's enlisted
qualification record and therefore, it was omitted from his DD Form 214 on
his release from active duty.

11.  Orders in the applicant's military personnel records show he was
awarded the Bronze Star Medal, for meritorious achievement in connection
with military operations against a hostile force for the period 1 June 1969
through 31 July 1969, by General Orders Number 11000, published by
Headquarters, 25th Infantry Division, on 29 August 1969.

12.  The applicant's name appears on the Vietnam Casualty List.  The
applicant is listed on the Vietnam Casualty List by his service number and
by his Social Security Account Number, which in time became his service
number.

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

14.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Tet 69 Counteroffensive, which extended
from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969,
which extended from 9 June through 31 October 1969.

15.  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 1 September 1968 through 30 September
1970, by Department of the Army General Order (DAGO) Number 5, dated 1973;
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 1 August 1967 through 21 January 1970, by DAGO 51,
dated 1971.  The applicant was assigned to this unit at the time the unit
was cited for these unit awards.

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 Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 247, Paragraph
170, published by Headquarters, US Army Training Center, Infantry and Fort
Lewis, Fort Lewis, Washington, on 4 September 1968.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Machinegun Bar [M-60 Machinegun], in Special Orders Number 293,
Paragraph 28, published by Headquarters, US Army School/Training Center and
Fort McClellan, Fort McClellan, Alabama, on 29 November 1968.

19.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 301,
Paragraph 21, published by Headquarters, US Army School/Training Center and
Fort McClellan, Fort McClellan, Alabama, on 9 December 1968.

20.  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.

21.  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 show the applicant was awarded the Bronze Star Medal and a
second Purple Heart, in effect, the Purple Heart with oak leaf cluster.  He
is entitled to have these awards added to his DD Form 214.

2.  The applicant was awarded the Bronze Star Medal, for meritorious
achievement in connection with military operations against a hostile force.
 The Bronze Star Medal is not shown on the applicant's DD Form 214.  It
would be appropriate to add this award to his DD Form 214 at this time.

3.  The applicant was awarded the Purple Heart, for having been wounded in
connection with military operations against a hostile force on 19 June and
on 30 August 1969.  A single Purple Heart is shown on the applicant's DD
Form 214; however, he is entitled to have both his Purple Hearts, in
effect, the Purple Heart, with oak leaf cluster, shown on his DD Form 214.

4.  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 this award correctly shown on his
separation document.

5.  The applicant served in a unit, which was awarded 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
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.

6.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle and Automatic Rifle Bars, and the Expert Marksmanship
Qualification Badge, with Machinegun Bar.  These marksmanship qualification
badges are not shown on the applicant's DD Form 214.  He is entitled to
have these badges added to his DD Form 214.

7.  The applicant served in Vietnam for 8 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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 20 July 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:

_JBG____  _MJF___  __SWF  _  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 Purple Heart and the Vietnam Service Medal from the
applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and adding this award to his DD Form 214;

      c.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214;


      d.  adding the already-awarded Bronze Star Medal and two Purple
Hearts, in effect, the Purple Heart, with oak leaf cluster, to the
applicant's DD Form 214; and


      e.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle and Automatic Rifle Bars, and the Expert Marksmanship
Qualification Badge, with Machinegun Bar to the applicant's DD Form 214.




                            _____James B. Gunlicks______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004562                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|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.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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