RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2007
      DOCKET NUMBER:  AR20060012727


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |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 three Purple Hearts and a Bronze Star
Medal with “V” Device.

2.  The applicant states, in effect, that he received three Purple Hearts
while in hospitals in the Republic of Vietnam (RVN) and General
Westmoreland personally issued him the Bronze Star Medal.

3.  The applicant provided no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 April 1972.  The application submitted in this case is
dated
30 August 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 Board noted the applicant's request for award of the Bronze Star
Medal with “V” Device.  The applicant's DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) does not list the Bronze
Star Medal with “V” Device as an authorized award.  There is no evidence
that he was awarded or was recommended for award of the Bronze Star Medal
with “V” Device.  The applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Bronze Star Medal under
this provision of law.  As a result, award of the Bronze Star Medal with
“V” Device requested by the applicant is not discussed further in these
Proceedings.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) shows he was inducted into the Army of the United
States on 21 October 1970.  He was awarded the military occupational
specialty (MOS) 11 C (Infantry Indirect Fire Crewmen).  The highest rank he
attained while serving on active duty was Sergeant (E-5).

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 14 October 1971 through
20 April 1972, and that during his RVN tour he was assigned to the 2nd
Battalion, 327th Infantry Regiment, performing duties in MOS 11C, Team
Leader.

6.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he
participated in an unnamed campaign during his assignment to the RVN.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the National Defense Service Medal (NDSM), the Vietnam Service Medal
(VSM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).

8.  On 20 April 1972, the applicant was released from active duty after
completing a total of 1 year and 6 months.  The DD Form 214 he was issued
shows he earned the National Defense Service Medal, Vietnam Service Medal,
RVN Campaign Medal, one overseas Service Bar, and the Expert Marksmanship
Qualification Badge (M-16).

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show any awards of the Purple Heart.

10.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 does
not show and awards of the Purple Heart.

11.  Section 40 (Wounds) of the applicant’s DA Form 20 (Service Record)
does not show any entries for wounds received.

12.  The Vietnam Casualty Roster does not list the applicant as wounded by
hostile forces.  There are no general orders that show the applicant was
awarded the Purple Heart.  There is no evidence in the available records
which show that the applicant sustained injuries as a result of hostile
action or that he was treated for wounds sustained as a result of hostile
action.

13.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

14.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.

15.  The applicant's DD Form 214 does not show award of the Good Conduct
Medal.  The applicant's DA Form 20 shows that his conduct and efficiency
were rated as "excellent."  A review of the applicant's service record
shows no derogatory information that would disqualify him for the first
award of the Good Conduct Medal.

16.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

17.  Paragraph 2-13 provides guidance on the VSM.  It states, in pertinent
part, that one bronze service star is authorized with this award for each
RVN campaign a member is credited with participating in while serving in
the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that
during his tenure of assignment, the applicant was credited with
participating in the Consolidation I, Consolidation II, and the Vietnam
Cease-Fire campaigns.

18.  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 unit to which the applicant
was assigned, the 2nd Battalion, 327th Infantry Regiment was cited for
award of the Vietnam Gallantry Cross with Palm Unit Citation for the period
8 February 1962 to 28 March 1963 by Department of the Army General Orders
Number 8, dated 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to three awards of the
Purple Heart.

2.  There are no general orders that show the applicant was awarded any
Purple Hearts.  There is no evidence in his service personnel records,
which shows that he was wounded or injured as a result of hostile action or
treated for such wounds.  The supporting statements do not provide an
eyewitness account of him receiving his wounds as a result of hostile
action.  The applicant is not listed on the Vietnam Casualty Roster.  In
the absence of such evidence, there is insufficient basis to grant any
awards of the Purple Heart.

3.  Evidence of record confirms that the applicant served honorably during
the period from 20 April 1970 through 21 October 1972.  Lacking any
derogatory information on file that would have disqualified him, it would
be appropriate to award the applicant the first award of the Good Conduct
Medal based on completion of qualifying service ending with termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show award of the Good Conduct Medal for the
period 20 April 1970 through 21 October 1972.

4.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is eligible for award of three bronze
service stars to be affixed to his Vietnam Service Medal.

5.  General Orders show the 2nd Battalion, 327th Infantry Regiment, was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
General Orders Number 8, dated 1974, which is not shown on his separation
document.  Therefore, he is entitled to correction of his records to show
this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 April 1972, the date of his
separation from active duty.  As a result, the time for the applicant to
file a request for correction of any error or injustice expired on 19 April
1975.  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 time limitation on requests for award of the Purple Heart.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KLW_  ___CAD _  __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 showing award of the
Army Good Conduct Medal from the period 20 April 1970 through 21 October
1972, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
three bronze service stars affixed to his already-awarded Vietnam Service
Medal.

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
awards of the Purple Heart.




                                           Kenneth L. Wright_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060012727                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/27                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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