RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060005141


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 the eighth digit of his Social Security
Number (SSN) in item 3 (Social Security Number) on his DD Form 214 (Report
of Transfer or Discharge) be corrected to show “4” instead of “0.”  He also
requests that his DD Form 214 be corrected to show award of the Purple
Heart.

2.  The applicant states, in effect, that he needs these items corrected on
his DD Form 214 for Department of Veterans Affairs benefits.

3.  The applicant provides a copy of his DD Form 214; a cover letter for
presentation of the Purple Heart, dated 18 December 1968, from the Adjutant
General; and a copy of his military identification card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
16 December 1968.  The application submitted in this case is dated 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 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 DD Form 398 (Statement of Personal History), dated
29 August 1967, shows the eight digit of his SSN is “4.”  He was inducted
on
30 August 1967.  His induction orders show the eighth digit of his SSN is
“4.”

4.  The applicant arrived in Vietnam on 12 April 1968.  He served as a
light weapons infantryman assigned to Company B, 2nd Battalion, 8th
Infantry of the 4th Infantry Division in Vietnam from 1 May 1968 until he
was wounded in action on 2 July 1968 and evacuated to the United States on
1 August 1968 for further medical treatment.  On 16 December 1968, the
applicant was released from active duty in the rank of specialist four and
placed on the Temporary Disability Retired List (TDRL) the following day
with a disability rating of 60 percent.  He had completed 1 year, 3 months,
and 17 months of creditable service with no


time lost.  On 30 June 1972, the applicant was removed from the TDRL with a
permanent disability rating of 40 percent and permanently retired on 1 July
1972.
5.  Item 3 on the applicant’s DD Form 214 shows the eighth digit of his SSN
is “0.”  His DD Form 214 shows the National Defense Service Medal, the
Vietnam Service Medal, and the Combat Infantryman Badge as authorized
awards.

6.  Headquarters, 4th Infantry Division General Orders Number 5284, dated
30 September 1968, show the applicant received the Purple Heart for wounds
received in action on 2 July 1968 in Vietnam.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

9.  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 the applicant's unit  is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 3, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal with Device 1960.
 This medal was awarded by the Government of Vietnam to all members of the
Armed Forces of the United States for qualifying service in Vietnam during
the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal.

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 and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the eighth digit of the applicant's SSN is
"4."  Therefore, the eighth digit of his SSN should be corrected in item 3
on his DD Form 214.

2.  Orders show the applicant received the Purple Heart for wounds received
in action on 2 July 1968 in Vietnam.

3.  The applicant was separated in the rank of specialist four with 15
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 30 August 1967 through 16 December
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant is entitled to award of the Republic of Vietnam Campaign
Medal with Device 1969 because he qualified for award of the Vietnam
Service Medal and was evacuated prior to completing six months of service
due to wounds resulting from hostile action.

5.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

6.  The applicant's unit was cited for award of 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 assigned to it.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 16 December 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 15
December 1971.  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:

PM_____  __DG____  _RV____  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 first award of the Good Conduct Medal for the
period 30 August 1967 through 16 December 1968;

      b.  deleting the eighth digit of his SSN in item 3 on his DD Form
214;

      c.  adding the entry, “4” as the eighth digit of his SSN in item 3 on
his DD Form 214; and

      d.  amending his DD Form 214 to add the Good Conduct Medal, the
Purple Heart, the Republic of Vietnam Campaign Medal with Device 1960, the
Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam




Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.



                            ___Patrick McGann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0900                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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