RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004824


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 DD Form 214, Armed Forces of the United
States, Report of Transfer or Discharge, be corrected to add his second
Bronze Star Medal (BSM) and his Purple Heart.

2.  The applicant states that he has orders awarding him these medals.

3.  The applicant provides a copy of his DD Form 214; General Orders Number
28 dated 1 January 1969 which awards the applicant the BSM, First Oak Leaf
Cluster; and General Orders Number 6847 dated 28 September 1968 which
awards the applicant the BSM for heroism.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 August 1969.  The application submitted in this case is dated
22 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 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.  The applicant's military records show that he was inducted and entered
active duty on 4 August 1967, was awarded the military occupational
specialty (MOS) of light weapons infantryman, and was promoted to pay grade
E-5.

4.  The applicant was assigned to Company A, 1st Battalion, 5th Infantry
Division in Vietnam from 19 February 1968 to 28 November 1968.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
Item 40 (Wounds) that the applicant sustained metal fragment wounds to both
legs on 23 November 1968.  Item 38 of this form (Record of Assignment)
shows the applicant’s principal duty changed from Rifleman to Patient
assigned to the military hospital at Camp Zama, Japan, on 9 December 1968.


6.  On 1 August 1969, the applicant was honorably released from active duty
at the expiration of his term of service.  He had completed 1 year, 11
months, and 28  days of active service.

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows the award of the Bronze Star Medal with “V” (Valor) Device, the Army
Commendation Medal with “V” Device, the Combat Infantryman Badge, the
National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and one Overseas Bar.

8.  There are no orders in the applicant's Official Military Personnel File
(OMPF) awarding him the Purple Heart.

9.  There is no evidence the applicant received the first award of the Army
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  The applicant received conduct and efficiency ratings of
“excellent” throughout his service.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of
Army Regulation 600-8-22 (Military Awards) shows he served in the Tet
Counteroffensive Campaign (30 January 1968 - 1 April 1968); the Vietnam
Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); the
Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968);

and the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 -
22 February 1969).

11.  Army Regulation 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 the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.  A wound
is defined as an injury to any part of the body from an outside force or
agent sustained as a result of hostile action.  This regulation also
provides that there is no time limitation on requests for award of the
Purple Heart.

12.  Army Regulation 600-8-22 states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current
standard for award of the Army Good Conduct Medal is 3 years of qualifying
service, but as little as
one year is required for the first award in those cases when the period of
service ends with the termination of Federal military service.  While any
record of nonjudicial punishment could be in conflict with recognizing the
Soldier's service as exemplary, such record should not be viewed as
automatically disqualifying.  Although there is no automatic entitlement to
the Army Good Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  The regulations state that authorized
bronze service stars will be worn on the appropriate campaign and service
medal, which in this case is the Vietnam Service Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the applicant’s unit was
awarded the Presidential Unit Citation for the period 18 August to 20
September 1968 by Department of the Army General Orders 82 dated 1969; it
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period January 1966 to August 1968 by Department of the Army
General Order Number 48, dated 1971; and it was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class unit citation for the period
1 January 1966 to 22 January 1970 by Department of the Army General Order
Number 51, dated 1971, as amended.

15.  The Vietnam Casualty List shows the applicant was wounded in action on
23 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was given two awards of the BSM.  As such, he is entitled
to have his DD Form 214 amended to show the BSM with Oak Leaf Cluster and
“V” Device.

2.  While there is no evidence that the applicant was awarded the Purple
Heart, his military records clearly show that he received metal fragment
wounds to both legs on 23 November 1968, which resulted in his medical
evacuation to Japan.  As such, he is entitled to the award of the Purple
Heart and to have his DD Form 214 amended to show that award.

3.  In the absence of any evidence to show a disqualification for the Army
Good Conduct Medal, the applicant is entitled to this award for his first
full period of active duty ending with an honorable discharge.
4.  The applicant is also entitled to four bronze service stars to be worn
on his Vietnam Service Medal.

5.  The applicant was assigned to a unit when it was awarded the
Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.  As such, he is entitled have his DD Form 214
amended to show these unit awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1969, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 31 July 1972.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

____jtm__  ___pbf__  ___rch__  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.  awarding him the Purple Heart for wounds received in action on
23 November 1968 and the Good Conduct Medal for the period 4 August 1967 to
1 August 1969; and

      b.  amending his DD Form 214 to show award of the Purple Heart, the
Good Conduct Medal, the BSM for Valor with Oak Leaf Cluster and “V” Device,
four bronze service stars to be worn on his Vietnam Service Medal, the
Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal
First Class unit citation.




                            __________John T. Meixell____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004824                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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