RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 January 2007
      DOCKET NUMBER:  AR20060008309


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the left
forearm during a fire fight in April 1971 while serving in Vietnam.  The
applicant also states, in effect, he showed his wound to the unit's medic
and was told that the wound was not bad enough to return him to base;
however, the medic said he would put the applicant in for a Purple Heart.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 February 1972, the date of his release from active duty.
The application submitted in this case is dated 25 May 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 military service records show that he was inducted into
the U.S. Army on 5 August 1970.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to
Company D, 2nd Battalion (Airmobile), 501st Infantry in Vietnam from 27
January 1971 through 8 February 1971 and then assigned to Company C, 2nd
Battalion (Airmobile), 501st Infantry (Vietnam) from 9 February 1971
through 12 February 1972.  On 13 February 1972, the applicant was honorably
released from active duty after completing 1 year, 6 months, and 9 days
active service and transferred to the U.S. Army Reserve.


5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), with an effective date of 13 February 1972,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he served in the Republic of Vietnam from 13 January 1971 through 12
February 1972.  Item 39 (Campaigns) of this document shows that he
participated in one unnamed campaign.

7.  There are no orders in the applicant’s military service records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item
41 (Awards and Decorations).  The applicant's name is not listed on The
Adjutant General, Casualty Division's, Vietnam Casualty Roster.

8.  The applicant's military service records contain a Standard Form (SF)
88 (Report of Medical Examination), dated 13 February 1972, issued at the
time of the applicant's separation medical examination.  In pertinent part,
in the Clinical Evaluation section, Item 35 (Upper Extremities) and Item 39
(Identifying Body Marks, Scars, Tattoos) both contain a line in the
"Normal" column placed there by the attending physician.  The document
fails to show any reference to indicate that the applicant had any
abnormality or scars on his left forearm or any other portion of his upper
extremities.  In addition, in Item 73 (Notes) of the document, the
applicant entered, "1.  Since my last fisical (sic) my condition has not
changed.  2.  My condition is good.  3.  Medical records reviewed -
[signed] T____ G. S______."  Further review of the document shows that it
is absent any indication that the applicant was injured or wounded while
serving in Vietnam.

9.  On 14 September 1977, the applicant enlisted in the Nebraska Army
National Guard (NEARNG).  The applicant continued to serve in the NEARNG
and attained the rank of staff sergeant/pay grade E-6 on 16 January 1984.
The applicant was honorably discharged from the NEARNG and transferred to
the retired reserve on 3 December 1995 after completing a total of 24
years,
2 months, and 20 days of total service for pay.

10.  The applicant's NGB Form 22 (Report of Separation and Record of
Service), with an effective date of 3 December 1995, shows in Item 15
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded This Period) that he was awarded the Army Service Ribbon, National
Defense Service Medal with 1 bronze service star, Combat Infantryman Badge,
Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam
Campaign Medal with "1960" Device, Noncommissioned Officer Professional
Development Ribbon with numeral device "3", Armed Forces Reserve Medal,
Army Reserve Components Achievement Medal (4 Awards), Army Achievement
Medal, Nebraska National Guard Individual Achievement Medal, Nebraska
National Guard Service Medal (15 Years), Marksman Marksmanship
Qualification Badge with Rifle and Pistol Bars, and 2 Overseas Service
Bars.

11.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214, with an effective
date of 13 February 1972.

12.  There is no evidence the applicant received the first award of the
Good Conduct Medal for his active duty service.  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 the
period of his active Federal military service.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase VII,
Consolidation I, and Consolidation II; a total of three campaigns.

14.  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 that, at the time of the
applicant's assignment to Company C, 2nd Battalion (Airmobile), 501st
Infantry (Vietnam), the unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 6 (1974).

15.  Army Regulation 600-8-22 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.  There is no statute of limitations governing requests
for award of the Purple Heart.


16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with "1960" Device.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

19.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

20.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.


21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he was wounded in the left forearm during a fire fight in April
1971 while serving in Vietnam.  However, the applicant provides
insufficient evidence in support of his claim.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 5 August 1970 through 13 February 1972 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

4.  Records show that the applicant served a qualifying period of service
in Vietnam to qualify for award of the Republic of Vietnam Campaign Medal.
Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 3
bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served a total of 13 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error now
under consideration on 13 February 1972; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 12 February 1975. Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KLW _  ___LWR_  ___EIF__  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 the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 5 August 1970 through
13 February 1972;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;

      c.  correcting his DD Form 214 to add the Good Conduct Medal,
Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service
Medal with
3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and 2 Overseas Service Bars.



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.




                            _____Kenneth L. Wright____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008309                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720212                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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