RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 October 2006
      DOCKET NUMBER:         AR20060004825


      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. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland 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 records be corrected to reflect his
three awards of the Bronze Star Medal (BSM), two awards of the Purple
Heart, and his award of the Good Conduct Medal (GCMDL).

2.  The applicant states that he was awarded three awards of the BSM and
only one award was reflected on his report of separation (DD Form 214).  He
goes on to state that he was also awarded two awards of the Purple Heart
and one award of the GCMDL.  However, only one award of the Purple Heart is
reflected on his DD Form 214 and his GCMDL is not reflected at all.

3.  The applicant provides copies of a citation awarding him the BSM,
orders awarding him the BSM with “V” Device (for Valor), orders awarding
him the BSM with 1st Oak Leaf Cluster (OLC) and “V” Device, and his Purple
Heart Citation for wounds received on 10 March 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 January 1970.  The application submitted in this case is
dated 20 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.  He enlisted on 31 January 1962 for a period of 3 years.  He completed
his training as an infantryman and was transferred to Germany on 7 August
1962.  He was advanced to the pay grade of E-3 on 23 December 1963.

4.  He reenlisted on 15 January 1964 for a period of 6 years and on 4
August 1964, he departed Germany with his unit for assignment to Fort
Meade, Maryland.  On 16 November 1965, he was transferred to Hawaii with
his unit.

5.  On 6 January 1966, he was transferred with his unit to Vietnam.  He was
assigned to the 25th Infantry Division and was promoted to the pay grade of
E-5 on 20 February 1966.  He was wounded on 10 March 1966 and was awarded
the Purple Heart on 14 March 1966 by General Orders Number 1665, dated
14 March 1966, issued by the United States Army Vietnam (USARV).  He was
also awarded the Combat Infantryman Badge (CIB) on 6 May 1966 and the Army
Commendation Medal (ARCOM) on 10 October 1966.

6.  He departed Vietnam on 2 December 1966 and was transferred to Fort Dix,
New Jersey, for training and duty as a drill sergeant.  He was promoted to
the pay grade of E-6 on 13 February 1967 and he remained at Fort Dix until
17 June 1969 when he was transferred to Vietnam for duty as a light weapons
infantry advisor with Advisory Team 70, III Corps Advisory Group.

7.  During his assignment he was awarded three awards of the BSM (BSM
w/1OLC and “V” Device), the Purple Heart, and the Republic of Vietnam
Gallantry Cross with Bronze Star Unit Citation.

8.  He departed Vietnam on 1 January 1970 and was transferred to Oakland
Army Base, California, where he was honorably discharged as an overseas
returnee.  He had served 7 years, 11 months, and 3 days of total active
service and his DD Form 214 issued at the time of his discharge indicates
that he was awarded the National Defense Service Medal, the Vietnam Service
Medal (VSM), the Republic of Vietnam Campaign Medal, the CIB, the Purple
Heart, the Air Medal, the BSM and the Vietnam Gallantry Cross.

9.  A review of his records as well as the Vietnam Casualty Listing fails
to show that the applicant was awarded a second award of the Purple Heart
or that he was wounded a second time.  The Vietnam Casualty Listing
contains only the 10 March 1966 listing.  His records also show that during
his service he was convicted by a summary court-martial, that nonjudicial
punishment was imposed against him on at least six separate occasions, and
that his conduct and efficiency ratings varied from good, to fair, and
excellent.

10.  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.  This
regulation also provides that there are no time limitations for requests
for award of the Purple Heart.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

12.  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.  Additionally, he participated in five campaigns while assigned to
Vietnam and is entitled to be awarded one silver  service star for wear on
his already awarded VSM to denote his campaign participation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded three awards of the BSM and thus is entitled
to have his records corrected to show the awards of the BSM w/1OLC and “V”
Device.

2.  The available evidence fails to support the applicant’s contention that
he was awarded a second award of the Purple Heart.  Therefore, absent
evidence to the contrary, there appears to be no basis to award him a
second award of the Purple Heart at this time.

3.  Likewise, there is no evidence that he was awarded a GCMDL and given
his disciplinary record and conduct and efficiency ratings, it must be
presumed that it was the commander’s intent at the time that he not receive
a GCMDL or that a determination was made that he was not eligible.
Therefore, lacking evidence to the contrary, there appears to be no basis
to award him the GCMDL at this time.

4.  However, the evidence of record does establish that the applicant is
entitled to be awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation in addition to his award of the Republic of Vietnam Gallantry
Cross with Bronze Star Unit Citation and one silver service star for wear
on his already-awarded VSM.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 January 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 31 December 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:

________  ________  ________  GRANT FULL RELIEF

__JM ___  ___PF __  ___RH __  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 showing he was awarded
the BSM w/1OLC and “V” Device, and by awarding him the RVNGC w/Palm Unit
Citation and one silver service star for wear on his already-awarded VSM.

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 a second award of the Purple Heart and an award of the GCMDL.




                            _____   John Meixell_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004825                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19700101                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |60/bsm                                  |
|107.0014                |                                        |
|2. 107.0015             |61/ph                                   |
|3. 107.0056             |102/agcm                                |
|4.107.0094              |140/rvngc/wp                            |
|5.                      |                                        |
|6.                      |                                        |


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