RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070006345


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 request, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) be corrected to reflect
award of the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 is not annotated
to show shell fragment wounds on the back of his neck and left arm.

3.  The applicant provided a copy of his DD Form 214 and his DA Form 20
(Enlisted Qualification Record) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army of the
United States on 21 October 1966.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he
attained while serving on active duty was Sergeant (E-5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 4 February 1968 through
13 October 1968, performing duties in MOS 11B, Light Weapons Infantryman,
and that during his RVN tour he was assigned to the 2nd Battalion, 47th
Infantry Regiment, 9th Infantry Division.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  the
National Defense Service Medal (NDSM), the Vietnam Service Medal, the
Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar (M-14).

5.  On 12 October 1968, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months, and 22 days of active
military service.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s
DD Form 214 shows that he was awarded the Army Commendation Medal, the
Republic of Vietnam Campaign Medal, and the Bronze Star Medal.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.  Section 41 (Awards and Decoration) of
the applicant's DA Form 20 does not show award of the Purple Heart.
Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record) does
not show any entries for wounds received.

7.  The applicant's name is listed on the Vietnam Casualty Roster for
wounds received in action on 23 March 1968.

8.  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.

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

10.  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.

11.  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.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the TET
Counteroffensive Campaign; the Vietnam Counteroffensive, Phase IV Campaign;
and the Vietnam Counteroffensive, Phase V Campaign.  This same regulation
states that a bronze service star will be awarded for wear on the Vietnam
Service Medal for participation in each campaign.

13.  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, 47th Infantry, was cited for award of the
Valorous Unit Award for the period 6 May to 12 May 1968 by Department of
the Army General Orders Number 43, dated 1970.

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 the unit to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 1 July to 13 November 1968 by
Department of the Army General Orders Number 13, dated 1969.

15.  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 correction of his records
to show award of the Purple Heart.  The Vietnam Casualty Roster shows the
applicant is listed as wounded in enemy action on 23 March 1968.
Therefore, his records should be corrected to show award of the Purple
Heart.

2.  Evidence of record confirms that the applicant served honorably during
the period from 21 October 1966 through 12 October 1968.  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 21 October 1966 through
12 October 1968.

3.  General Orders show the 2nd Battalion, 47th Infantry Regiment was
awarded the Valorous Unit Award, which is not shown on his separation
document.  Therefore, he is entitled to correction of his records to show
this award.

4.  General Orders show the 2nd Battalion, 47th Infantry Regiment was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

5.  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 already-awarded Vietnam Service Medal.

6.  Records show the applicant completed one period of qualifying active
federal service in the Republic Vietnam.  Therefore, he is eligible for
award of one overseas service bar.

BOARD VOTE:

___JEV__  ___RDG_  ___RCH_  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 showing award of the Purple Heart, the
Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, three bronze service stars to be
affixed to his already-awarded Vietnam Service Medal, and one Overseas
Service Bar.




                            _____James E. Vick ______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/19                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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