RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060013951


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, that the Purple Heart (PH) be added
to the list of awards contained in Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his
2 June 1970 separation document (DD Form 214).

2.  The applicant states, in effect, that he requests a correction to his
separation document (DD Form 215) that shows his receipt of the PH.

3.  The applicant provides a PH Certificate in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 June 1970, the date of his separation.  The application
submitted in this case is dated 14 September 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 record shows he was inducted into the Army and entered
active duty on 13 August 1968.  He was trained in and awarded military
occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), and the
highest rank he attained while serving on active duty was staff sergeant
(SSG).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 17 January 1969 through
4 February 1970.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Company D, 2nd Battalion, 8th Cavalry Regiment,
performing duties in MOS 11C as a infantry indirect fire crewman and squad
leader.

5.  Item 38 of the applicant's DA Form 20 also shows that on 12 January
1970, he was medically evacuated, and that he received "Excellent" conduct
and efficiency ratings at all of his active duty assignments.
6.   Item 40 (Wounds) of the applicant's DA Form 20 contains an entry
showing that he received fragmentation wounds to the left buttock and left
leg on
7 January 1970.

7.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).


8.  The applicant's MPRJ also contains Headquarters, 1st Cavalry Division
(Airmobile) General Orders (GO) Number (#) 2512, dated 18 February 1970,
which awarded the applicant the Army Commendation Medal (ARCOM) with
"V" (Valor) Device.  In addition, it contains a memorandum issued by The
Adjutant General, dated 21 May 1973, which amended GO # 2512 to read ARCOM
with "V" Device (1st Oak Leaf Cluster).

9.  On 2 June 1970, the applicant was honorably separated after completing
1 year, 9 months, and 20 days of active military service.  The DD Form 214
he was issued at the time shows he earned the following awards during his
active duty tenure:  National Defense Service Medal; Vietnam Service Medal
(VSM) with 2 bronze service stars; RVN Campaign Medal; Combat Infantryman
Badge; Air Medal; ARCOM with "V" Device; Bronze Star Medal with "V" Device
(1st Oak Leaf Cluster); RVN Gallantry Cross with Palm Unit Citation;
Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and Expert
Marksmanship Qualification Badge with Rifle (M-16), Mortar, and Pistol
Bars.

10.  The applicant provides a PH Certificate, dated 17 January 1970, which
shows he was awarded the PH for being wounded in action, while serving as a
SSG in the RVN, on 7 January 1970.

11.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Vietnam Casualty Roster.  The roster
contains an entry pertaining to the applicant that confirms he was wounded
in action in the RVN on 7 January 1970.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

13.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  Table B-1 contains a list
of RVN campaigns.  It shows that during the applicant's tenure of
assignment in the RVN, participation credit was granted for the Vietnam
Counteroffensive Phase VI, TET Counteroffensive 1969, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970 campaigns.

14.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 8th Cavalry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the
RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to the list of
awards contained in Item 24 of his DD Form 214 was carefully considered and
found to have merit.  The evidence of record confirms the applicant was
wounded in action in the RVN on 7 January 1970, as evidenced by an entry in
Item 40 of his DA Form 20.  Further, his name is also listed on the Vietnam
Casualty Roster, the official DA list of RVN casualties, which contains an
entry confirming he was wounded in action in the RVN on 7 January 1970, and
he provides a PH Certificate that confirms that on 17 January 1970, he was
actually awarded the PH for being wounded in action in the RVN on 7 January
1970.  Therefore, it would be appropriate to add this award to Item 24 of
his DD Form 214 at this time.

2.  The applicant's record confirms he received "Excellent" conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information or a unit commander
disqualification that would have precluded him from receiving the AGCM.
Therefore, it would be appropriate to award him the first award of the
AGCM, for his qualifying period of honorable active duty service from 13
August 1968 through 2 June 1970.

3.  The applicant's MPRJ also contains orders and a TAG memorandum
confirming that the applicant received the ARCOM with "V" Device (1st Oak
Leaf Cluster).  Therefore, it would be appropriate to correct his
separation document to correctly reflect this award.

4.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, he is also entitled to the following
awards that are not already listed on his DD Form 214:  RVN Civil Actions
Honor Medal First Class Unit Citation and 4 bronze service stars with his
Vietnam Service Medal.  Thus, it would also be appropriate to show his
entitlement to these awards.

BOARD VOTE:

___JEV _  __PHM__  __GJP __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Army Good Conduct Medal for
his qualifying honorable active duty service from 13 August 1968 through 2
June 1970;

      b.  amending Item 24 of his DD Form 214 by deleting the current list
of awards and replacing it with the entry:  "National Defense Service
Medal; Purple Heart; Bronze Star Medal with "V" Device (1st Oak Leaf
Cluster); Army Commendation Medal with "V" Device (1st Oak Leaf Cluster);
Air  Medal; Army Good Conduct Medal; Republic of Vietnam Campaign Medal
with 1960 Device; Vietnam Service Medal with 4 bronze service stars;
Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation; Combat
Infantryman Badge; Marksman Marksmanship Qualification Badge with Rifle (M-
14) Bar; and Expert Marksmanship Qualification Badge with Rifle (M-16),
Mortar, and Pistol Bars; and

      c.  providing him a correction to his separation document that
includes these changes.




                            _____James E Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013951                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/06/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Out                               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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