RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060005968


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald Steenfott              |     |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 award of the Purple Heart, two
awards of the Bronze Star Medal, the Silver Star, the Good Conduct Medal,
and the Air Medal.
2.  The applicant states that he was awarded these awards and none of them
are reflected on his DD Form 214.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record) and page 2 of his induction record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 August 1971.  The application submitted in this case is dated 21 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 requested correction of his records to show award of the
Silver Star, the Air Medal, and two awards of the Bronze Star Medal.  There
are no orders or other evidence authorizing these decorations to the
applicant.  In the absence of a proper award authority for this decoration,
the applicant may request award of the Silver Star, the Air Medal, and two
awards of the Bronze Star Medal under the provisions of Section 1130 of
Title 10, United States Code. The applicant has been notified by separate
correspondence of the procedures for applying for these decorations under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

4.  The applicant was inducted on 27 August 1969.  He arrived in Vietnam on

3 August 1970.  He was assigned to Battery A, 1st Battalion, 8th Artillery
in Vietnam from 10 August 1970 through 31 March 1971.  He was assigned to
Headquarters and Headquarters Battery, 3rd Battalion, 82nd Artillery in
Vietnam from 1 April 1971 through 3 August 1971.  On 4 August 1971, the
applicant was released from active duty in the rank of sergeant after
completing 1 year, 11 months, and 8 days of creditable active service with
no time lost.
5.  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, two awards of the Overseas Service Bar, and the Expert
Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as
authorized awards.

6.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 shows a
handwritten entry “PH” [Purple Heart].  However, there are no orders for
the Purple Heart in the available records.  Item 40 (Wounds) on his DA Form
20 is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

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.  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 (1st
Battalion, 8th Artillery) was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 5, dated 1973.  His unit (Headquarters and
Headquarters Battery, 82nd Artillery) was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation based on Department of
the Army General Orders Number 6, dated 1974.

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 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, 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.

13.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  In the absence of orders or other evidence of record showing that
the applicant was injured or treated for wounds as a result of hostile
action, the entry in item 41 on the applicant’s DA Form 20 is not
sufficient as a basis for award of the Purple Heart. Therefore, there is
insufficient evidence on which to base an award of the Purple Heart in this
case.

2.  The applicant was separated in the rank of sergeant with 23 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 17 August 1969 through 4 August 1971 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

3.  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.

4.  The applicant's units (1st Battalion, 8th Artillery and Headquarters
and Headquarters Battery, 82nd Artillery) were each awarded one award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he
is entitled to wear one of those awards.  However, his DD Form 214 should
be corrected to show two awards of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 4 August 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 3 August
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

LS_____  __PM____  __DS___  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 first award of the Good Conduct Medal for the
period  27 August 1969 through 4 August 1971; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, two
bronze service stars for wear on his already awarded Vietnam Service Medal,
and two awards of 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 Purple Heart.



                            __Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005968                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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