RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 December 2006
      DOCKET NUMBER:   AR20060006469


      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 Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 he be awarded the Purple Heart.

2.  The applicant states that he was told by a major that he would be
receiving the Purple Heart and he was shipped out a few days later and
never received the award.  He further states that he was shot under the
knee cap while in a convoy in Vietnam and was treated in Da Nang for that
wound.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 October 1968.  The application submitted in this case is
dated 27 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 in Chicago, Illinois on 10 November 1966.
He completed his basic combat training at Fort Campbell, Kentucky, and his
advanced individual training at Fort Meade, Maryland, before being
transferred to Vietnam on 27 November 1967 for assignment to the 578th
Maintenance Company for duty as a machinist helper.  He was advanced to the
pay grade of E-4 on 9 January 1968.

4.  He departed Vietnam on 28 October 1968 and was transferred to Fort
Lewis, Washington, where he was honorably released from active duty
(REFRAD) as an overseas returnee on 28 October 1968.  He had served 1 year,
11 months and 19 days of total active service and his DD Form 214 issued at
the time of his REFRAD indicates that he was awarded the National Defense
Service Medal, the Republic of Vietnam Campaign Medal and the Vietnam
Service Medal (VSM).

5.  A review of the applicant’s official records shows that he received
excellent conduct and efficiency ratings throughout his service and his
records are void of any derogatory information that would serve to
disqualify him for award of the Good Conduct Medal (GCMDL).

6.  The applicant’s medical records were not present for review by the
Board and the available records contain no evidence to show that he was
wounded as a result of enemy action, that treatment was given for such a
wound and that the treatment was made a matter of record.  There is also no
evidence to show he was reported as a casualty.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

8.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

9.  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 and the Meritorious Unit Commendation (MUC)
during the period he was assigned to the unit.  Additionally, he
participated in four campaigns and thus is authorized to wear four bronze
service stars on his already awarded VSM.




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded in action against the
enemy in Vietnam has been noted; however, he has failed to show through
evidence submitted with his application or the evidence of record that such
was the case.  Therefore, lacking such evidence, there appears to be no
basis to award him the Purple Heart at this time.

2.  However, after carefully examining the applicant’s record of service,
the Board has determined that the applicant should have received the GCMDL
for his service from 10 November 1966 through 28 October 1968.  This
conclusion is based on the fact that the record is void of any derogatory
information, which would preclude the applicant from being awarded the
GCMDL, and the lack of any specific action by the applicant’s unit
commander to disqualify him from receiving the award.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and the MUC.  He also participated in four campaigns
and is authorized to wear four bronze service stars on his already awarded
VSM. Accordingly, he is entitled to be awarded those awards at this time as
well.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 October 1971.  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

__JS____  ___LE __  ___MF __  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 awarding him the GCMDL
for the period of 10 November 1966 through 28 October 1968, while serving
in the rank of SP4, and by awarding him the RVNGC w/Palm Unit Citation, the
MUC and four bronze service stars 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 the Purple Heart.




                            _______John Sloan________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006469                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0034              |80/MUC                                  |
|3.107.0056              |102/GCMDL                               |
|4.104.0094              |140/RVNGC                               |
|5.                      |                                        |
|6.                      |                                        |


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