RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060004575


      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:

|     |Ms. Merlinda M. Darby             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in action and he
should be the recipient of the Purple Heart.

3.  He adds that he was knocked unconscious and suffered a concussion
secondary to an artillery shell (enemy) striking his foxhole.  Due to
continuing incoming, medical evacuation was not an option.

4.  He summarizes by stating that this award would make all the memories
and heartache of that incident "real."  His sergeant was killed in action
and another Soldier was wounded in the incident.

5.  In support of his application, the applicant submits no additional
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 17 December 1971, the date of his release from active duty.
The application submitted in this case is dated 16 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 enlisted in the Regular Army on 2 March
1970.  He completed basic combat training at Fort Bragg, North Carolina,
and his advanced individual training at Fort Sill, Oklahoma.  On completion
of his training, he was awarded the military occupational specialty (MOS),
13A (Field Artillery Basic).

4.  The applicant served in Vietnam from 14 August 1970 through 13 August
1971, with Battery A, 8th Battalion, 4th Artillery Regiment, 108th
Artillery Group, XXIV Artillery Corps.

5.  The applicant was honorably released from active duty, on 17 December
1971, under the provisions of Army Regulation (AR) 635-200, as an overseas
returnee, prior to the expiration of his term of service.  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, 9 months, and 16 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,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Republic of
Vietnam Campaign Medal, with '60 Device; the Marksman Marksmanship
Qualification Badge; and two overseas service bars.  The Purple Heart is
not shown on his DD Form 214.

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

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

9.  The applicant's name is not shown on the Vietnam Casualty Listing.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that 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.

11.  The applicant's DD Form 214 does not show his entitlement to the
Vietnam Service Medal and to the bronze service stars to which he is
entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; and the Consolidation
I, which extended from 1 July through 30 November 1971.

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 1 March through 9 October 1971, by Department
of the Army General Order (DAGO) Number 6, dated 1974.  The applicant was
assigned to the unit at the time the unit was cited for this unit award.

14.  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.

15.  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.

16.  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 from 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.

17.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  There is no evidence, and the applicant provided none, to show that he
was wounded as the result of hostile action.  The applicant's name does not
appear on the Vietnam Casualty Listing.  There were no entries made in his
service personnel records to show he was wounded as a result of hostile
action and no orders were published to award him the Purple Heart.

3.  Based on the evidence in this case, the applicant is not entitled to
award of the Purple Heart and to have it added to his DD Form 214.

4.  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
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 2
March 1970 through 17 December 1971.

5.  The applicant's service in Vietnam was not recognized through award of
the Vietnam Service Medal.  He is entitled to award of the Vietnam Service
Medal, with two bronze service stars, to recognize his service and to
denote his campaign participation credit and he is entitled to have this
award added to his DD Form 214.

6.  The applicant served in a unit at the time it was cited for award of
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is
entitled to have this unit award added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 December 1971; therefore, the time
for
the applicant to file a request for correction of any error or injustice
expired on 16 December 1974.  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:

________  ________  ________  GRANT FULL RELIEF

__RDG__  __JCR__  __MMD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the applicant the Vietnam Service Medal, with two bronze
service stars, and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, and adding these awards to his DD Form 214; and

      b.  awarding the applicant the Good Conduct Medal, for the period
2 March 1970 through 17 December 1971, and adding this award to his DD Form
214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart and its addition to the applicant's DD Form 214.




                            _____Merlinda M. Darby___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004575                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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