RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060005967


      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. 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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) to show the Purple Heart and the Bronze
Star Medal (based on award of the Combat Infantryman Badge).

2.  The applicant states that he was wounded on or about 29 February 1968
in Vietnam and that he was given the Purple Heart medal while onboard the
USS REPOSE en route to Japan from Vietnam.  He also states, in effect, that
he is entitled to the Bronze Star Medal based on award of the Combat
Infantryman Badge in accordance with Army regulations.

3.  The applicant provides two pages of his DA Form 20 (Enlisted
Qualification Record); a copy of his DD Form 214 (Report of Transfer or
Discharge); and three newspaper articles which state he was wounded in
action on 29 February 1968 in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
19 June 1969.  The application submitted in this case is dated 19 April
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 was inducted on 20 June 1967.  He arrived in Vietnam on
21 November 1967.  He served as a light weapons infantryman assigned to
Company B, 2nd Battalion, 1st Infantry of the 196th Light Infantry Brigade
in Vietnam from 30 November 1967 until he was hospitalized on 9 March 1968
in Japan and then transferred to the United States on 14 March 1968 for
further medical treatment.  On 19 June 1969, the applicant was released
from active duty in the temporary rank of specialist four after completing
2 years of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, and the Combat Infantryman Badge as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  The applicant’s name does not appear on the Vietnam
Casualty Roster.
However, item 40 (Wounds) on his DA Form 20 shows that he was wounded on 29
February 1968 and sustained fragment wounds to his right leg and left arm.


6.  On 5 May 1969, the applicant underwent a separation physical
examination.  Item 39 (Physician’s Summary and Elaboration of all Pertinent
Data) on his Standard Form 89 (Report of Medical History) states the
applicant sustained a shrapnel wound in Vietnam to his left arm.

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 General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that the Bronze Star Medal is authorized for
each individual who was cited in orders or awarded a certificate for
exemplary conduct in ground combat between 7 December 1941 and 2 September
1945 or whose achievement or service, during that period, was confirmed by
documents executed prior to 1 July 1947.  An award of the Combat
Infantryman Badge or the Combat Medical Badge is considered to be a
citation in orders.  This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during World War II.


12.  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.

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.  The entry in item 40 on the applicant’s DA Form 20 which shows he
sustained fragment wounds to his right leg and left arm on 29 February 1968
and the physician’s entry on the Standard Form 89 which states the
applicant sustained a shrapnel wound to his left arm in Vietnam are
accepted as sufficient evidence on which to amend his DD Form 214 to show
award of the Purple Heart.

2.  The applicant received the Combat Infantryman Badge during his
assignment in Vietnam.  Army Regulation 600-45 stated that the Bronze Star
Medal is to be awarded to individuals who were authorized the Combat
Infantryman Badge or the Combat Medical Badge for service during World War
II.  Therefore, there is insufficient evidence on which to base award of
the Bronze Star Medal in this case.

3.  The applicant was separated in the temporary rank of specialist four
with
2 years 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 20 June 1967 through 19 June 1969
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.




4.  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.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 19 June 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 18 June
1972.  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

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:


      a.  awarding him the Purple Heart for wounds sustained on 29 February
1968 as a result of hostile action;


      b.  awarding him the first award of the Good Conduct Medal for the
period 20 June 1967 through 19 June 1969; and

      c.  amending his DD Form 214 to add the Purple Heart, the Good Conduct
Medal, the Vietnam Service Medal with two bronze service stars, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.



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 Bronze Star Medal (based on award of the Combat Infantryman
Badge).



                            ___John Meixell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005967                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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