RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070003808


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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, award of the Purple Heart (PH) and
Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that while serving in the Republic of
Vietnam (RVN), he was wounded in action on 4 August 1969.  He states that
he was first sent to a hospital in Saigon for a week or two and then he was
sent to an
Air Force Base in Japan for three weeks, and finally he was medically
evacuated to Valley Forge Army Hospital, Pennsylvania, where he remained
for about 2 and 1/2 months.  He further states that he received award of
the PH two days after being wounded.

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 or injustice
that occurred on 1 October 1970.  The application submitted in this case is
dated
6 March 2007.

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 in to the Army of the
United States (AUS) and entered active duty on 2 October 1968.  He was
trained in, awarded, and served in military occupational specialty (MOS)
11B (Light Weapons Infantryman), and the highest rank he attained while
serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 26 May 1969 through 27 August 1969.  Item 38 (Record
of Assignments), shows that during his RVN tour, he was assigned to Company
C, 4th Battalion, 39th Infantry Regiment, from 11 June 1969 through 13 July
1969, and to Company A, 2nd Battalion, 60th Infantry Regiment, from 14 July
1969 through 3 August 1969.  In both units, he performed duties in MOS 11B
as a light weapons infantryman.

5.  Item 38 of the applicant's DA Form 20 also shows he entered a patient
status on 4 August 1969, and that he was ultimately medically evacuated
first to Japan and then to the Continental United States on 27 August 1969.
 Item 38 further shows he received "Excellent" conduct and efficiency
ratings at each of his active duty assignments.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his active duty tenure, he earned the following awards: Combat
Infantryman Badge, Bronze Star Medal, Gallantry Cross with Palm Unit
Citation, Expert Marksmanship Qualification Badge with Rifle and Grenade
Bar.  His Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  The applicant's MPRJ contains a Report of Medical History (SF 93),
dated
26 August 1970.  This document states that the applicant received shrapnel
wounds to his head, throat, left arm, right knee and both lower legs during
combat action in the RVN on 4 August 1969.  It also contains Headquarters,
9th Infantry Division General Orders Number 11111, dated 25 July 1969.
These orders awarded him the ARCOM with "V" (Valor) Device for heroism in
connection with military operations against a hostile force in the RVN on
23 July 1969, while serving as a light weapons infantryman.

8.  On 1 October 1970, the applicant was honorably released from active
duty.  The DD Form 214 he was issued at the time confirms he completed a
total of
2 years of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his active duty tenure:  National
Defense Service Medal; Vietnam Service Medal with 1 bronze service star,
Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship
Qualification Badge with Rifle (M-14 & M-16) and Grenade Bars.

9.  During the processing of this case, a member of the Board’s staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search revealed an entry confirming the applicant was wounded in action in
the RVN on 4 August 1969.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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, and the
medical treatment must have been made a matter of official record.

11.  Paragraph 2-13 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.

12.  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.

13.  Paragraph 9-13 contains guidance on the RVN Campaign Medal.  It
states, in pertinent part, that this award is authorized to members of the
Armed Forces of the United States for qualifying service in the RVN during
the period 1 March 1961 through 28 March 1973.  Normal qualifying service
included assignment in the RVN for 6 or more months; however, members who
served in the RVN for less than 6 months, who were wounded in action, were
authorized to receive the award.  The regulation also stipulates that a
1960 Device is worn with this award.

14.  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 (39th Infantry Regiment) was
authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN
Civil Actions Honor Medal First Class Unit Citation.  It further shows that
campaign credit was granted for the TET 69 Counteroffensive and Vietnam
Summer-Fall 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the PH was
carefully considered and found to have merit.  The evidence of record
confirms he was wounded in action in the RVN on 4 August 1969, as evidenced
by the medical document on file in his MPRJ and by an entry on the Vietnam
Casualty Roster, the official DA list of RVN battle casualties.  Therefore,
the regulatory burden of proof necessary to support award of the PH has
been satisfied in this case.  As a result, it would be appropriate to award
him the PH and add this award to his record and separation document at this
time.

2.  The evidence of record also contains Headquarters, 9th Infantry
Division, General Orders Number 11111, dated 25 July 1969, which awarded
the applicant the ARCOM with "V" Device, for his heroism in connection with
military operations against a hostile force on 23 July 1969.  As a result,
it would also be appropriate to add this award to his record at this time.

3.  The evidence of record further confirms the applicant received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments, and his 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 2
October 1968 through 1 October 1970.

4.  The evidence of record also shows that based on his RVN service and
campaign participation, he is entitled to the RVN Campaign Medal with 1960
Device, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions
Honor Medal First Class Unit Citation, and 2 bronze service stars to be
worn with his Vietnam Service Medal.  Therefore, it would be appropriate to
add these awards to his record at this time.

BOARD VOTE:

__JEA __  __JAM __  __WFC__  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 Purple Heart, for
wounds he received during combat action in the RVN on 4 August 1969; by
awarding him the Army Good Conduct Medal, for his qualifying period of
honorable active duty service from 2 October 1968 through 1 October 1970;
by showing his entitlement to the Army Commendation Medal with "V" Device,
Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and 2 bronze service stars to be
worn with his Vietnam Service Medal; and by providing him a corrected
separation document that includes these changes.




                                  _____James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003808                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/10/01                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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