RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20060017594


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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) and Army
Commendation Medal 1st Oak Leaf Cluster he earned be added to Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his 7 November 1969 separation document (DD Form
214).

2.  The applicant states, in effect, he was awarded the PH and ARCOM 1st
Oak Leaf Cluster, but they are not included in the list of awards contained
in Item 24 of his DD Form 214.

3.  The applicant provides a Western Union Telegram and ARCOM 1st Oak Leaf
Cluster Citation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 November 1969, the date of his separation.  The
application submitted in this case was received on 11 December 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 23 February 1968.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Infantryman) and sergeant (SGT)
was the highest rank he attained while serving on active duty.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 26 February 1969 through 14
September 1969.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Company C, 4th Battalion, 503rd Infantry Regiment,
173rd Airborne Brigade, performing duties in MOS 11B as an infantry team
leader and that he entered a patient status at the 7th Field General
Hospital on 3 September 1969.
5.  Item 38 of the applicant's DA Form 20 also shows he received
"Excellent" conduct and efficiency ratings at all of his active duty
assignments.  Item 40 (Wounds) contains an entry that shows the applicant
was wounded in action in the RVN on 26 August 1969, when he received
multiple fragment wounds to the lower abdomen.  Item 41 (Awards and
Decorations) shows that he earned the following awards:  National Defense
Service Medal; Parachutist Badge; Vietnam Service Medal (VSM); Combat
Infantryman Badge (CIB); RVN Campaign Medal with 60 Device; and Marksman
Marksmanship Medal with Rifle Bar.

6.  The applicant's Military 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).


7.  The applicant's MPRJ includes Headquarters, 67th Evacuation Hospital
General Orders Number 201, dated 27 August 1969, which awarded the
applicant the PH for wounds received in action in the RVN on 26 August
1969.  It also contains Headquarters, 173rd Airborne Brigade General Orders
Number 2344, dated 30 September 1969, which awarded the applicant the ARCOM

1st Oak Leaf Cluster for his meritorious service in the RVN from March 1969
to August 1969.

8.  On 7 November 1969, the applicant was honorable separated, in the rank
of SGT, after completing 1 year, 8 months and 15 days of active military
service.  Item 24 of the DD Form 214 he was issued shows he earned the
NDSM, VSM, RVN Campaign Medal with 60 Device, Parachutist Badge, CIB, and
Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  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 the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer and that treatment must have been made a
matter of official record.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating while
serving in the RVN.  Table B-1 contains a list of campaigns and it shows
that during the applicant’s tenure of assignment in the RVN, participation
credit was granted for the TET 69 Counteroffensive and Vietnam Summer-Fall
1969 campaigns.

11.  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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for unit
citation badges awarded during the Vietnam Conflict.  It confirms during
the applicant’s tenure of assignment in the RVN, his unit (Company C, 4th
Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade) earned the RVN
Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal
First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the PH and ARCOM 1st Oak
Leaf Cluster was carefully considered and found to have merit.  His MPRJ
includes General Orders that awarded him the PH for being wounded in action
in the RVN on 26 August 1969, and that awarded him the ARCOM 1st Oak Leaf
Cluster for meritorious service in the RVN from March 1969 through August
1969.  Therefore, it would be appropriate to add the PH to Item 24 of his
DD Form 214 at this time.

2.  The applicant's record confirms that 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 specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service from 23 February 1968 through 7
November 1969.

3.  The evidence of record also confirms that, based on his service and
campaign participation in the RVN, the applicant is entitled to the RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation, and 2 bronze service stars with his VSM.
Therefore, these awards should also be added to his record and separation
document at this time.

BOARD VOTE:

___BJE _  __FCJ __  __QAS __  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 awarding him the Army Good Conduct
Medal, for his qualifying active duty service from 23 February 1968 through
7 November 1969; by amending Item 24 of his 7 November 1969 DD Form 214 by
deleting the current list of awards and replacing it with the entry
"National Defense Service Medal, Purple Heart, Army Commendation Medal 1st
Oak Leaf Cluster, Army Good Conduct Medal, Republic of Vietnam Campaign
Medal with 1960 Device, Vietnam Service Medal with 2 bronze service stars,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Action Honor Medal First Class Unit Citation, Combat
Infantryman Badge, Parachutist Badge, and Marksman Marksmanship
Qualification Badge with Rifle Bar"; and by providing him a correction to
his separation document that includes these changes.




                            ____Barbara J. Ellis_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017594                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/11/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Hosp                            |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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