RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 January 2006
      DOCKET NUMBER:  AR20050007484


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Terry L. Placek               |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. John G. Heck                  |     |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 he be awarded the Purple Heart
and that it be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.

2.  The applicant states, in effect, that the Purple Heart is not mentioned
on his DD Form 214.  He adds that he earned this award in service to the
USA (the United States of America).

3.  The applicant submits a copy of General Orders 1345, which awards him
the Bronze Star Medal, for heroism, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 5 April 1968, the date he was released from active duty.  The
application submitted in this case is dated 11 May 2005.

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 limitation 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 records show he enlisted as a Soldier in the Regular
Army for 3 years on 16 September 1964.  He completed his basic combat and
his advanced individual training at Fort Knox, Kentucky.  After
completing all required training, he was awarded the military
occupational specialty (MOS), 711.10 (Clerk Typist).  This MOS was later
converted to the MOS 71B.

4.  On 31 October 1965, the applicant was enrolled in Officer Candidate
School at Fort Sill, Oklahoma.

5.  The applicant was honorably discharged on 14 April 1966, for the
purpose of accepting a commission as a field artillery second lieutenant.
6.  The applicant was discharged in the rank and pay grade of Specialist
Five, E-5. On the date he was discharged, he had completed 1 year, 6
months, and 29 days active military service.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
for his enlisted service shows he was awarded the:  Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows the applicant received "Excellent" non-
academic conduct and efficiency ratings as an enlisted Soldier.

9.  After an initial assignment and service at Fort Benning, Georgia, the
applicant was reassigned to Vietnam on 11 April 1967.  The applicant served
in Vietnam from 11 April 1967 through 1 April 1968, with Battery C, 7th
Battalion, 9th Artillery Regiment, 54th Artillery Group.

10.  The applicant was honorably released from active duty, on 5 April
1968, under the provisions of Section XI and XIV, Army Regulation (AR) 135-
173, at the expiration of his term of service.  He was separated in the
rank and pay grade of first lieutenant, O-2.  On the date he was released
from active duty, he had completed 1 year, 11 months, and 21 days
commissioned officer service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, for
his commissioned officer service, shows he was awarded:  the National
Defense Service Medal, the Bronze Star Medal, the Vietnam Service Medal,
and the Republic of Vietnam Campaign Medal.

12.  In a DD Form 215, Correction to DD Form 214, prepared on 19 August
2004, the Vietnam Service Medal and the Bronze Star Medal were deleted
from his DD Form 214 for his commissioned officer service.  The Vietnam
Service Medal, with three bronze service stars, and the Bronze Star
Medal, with "V" Device, and with first oak leaf cluster, were added in
their place.  In addition, the applicant was awarded the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  These
awards were also added to the applicant's DD Form 214.  The Purple Heart
was not added and is not shown on the applicant's DD Form 214.
13.  There is no entry on the applicant's DA Form 66, Officer Qualification
Record, to show he received a wound in action against a hostile force.
There is no entry in Item 21 (Awards and Decorations), of the DA Form 66,
showing the applicant was awarded the Purple Heart and, there are no orders
in the applicant's service records awarding him the Purple Heart.

14.  The applicant's name does not appear on the Vietnam Casualty List.

15.  The applicant was awarded the Bronze Star Medal, with "V" Device, for
heroism in connection with military operations against a hostile force, on
2 February 1968, by General Orders Number 1345, published by Headquarters,
United States Army Vietnam, on 27 March 1968.  The Bronze Star Medal, with
"V" Device, was added to the applicant's DD Form 214.  The text of the
citation states that in this action on 2 February 1968, the applicant was
". . . Continually exposing himself to a hail of shrapnel from exploding
mortars, [the applicant] made repeated trips from his post to the gun
positions in order to relay fire commands.  He then supervised the
evacuation of wounded comrades until he was wounded himself.  After
receiving medical treatment, he continued to direct deadly artillery fire
against enemy positions."

16.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment
and c.) the medical treatment must have been made a matter of official
record.

17.  AR 672-5-1, in effect at the time of the applicant's separation from
his enlisted service provides that the Good Conduct Medal 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.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.  To be eligible for award of the Good
Conduct Medal, soldiers must meet all of the following criteria: all
conduct (character) and efficiency ratings must be recorded as "Excellent"
except that ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service school efficiency ratings
based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  In the General Orders awarding the Bronze Star Medal, with "V" Device,
and with oak leaf cluster, to the applicant for heroism in connection with
military operations against a hostile force on 2 February 1968, the
citation shows the applicant received a wound as a result of action against
the enemy.  The Purple Heart was not awarded; however, the applicant is
entitled to award of the Purple Heart and to have it added to his DD Form
214.

2.  The applicant had "excellent" conduct and efficiency ratings in his non-
academic ratings as an enlisted Soldier.  There is no evidence of
indiscipline while he served on active duty as an enlisted Soldier.  The
applicant was discharged from his enlisted service to serve as a
commissioned officer.  He was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that he did to disqualify himself from this award.  He is therefore
eligible for award of the Good Conduct Medal for the period 16 September
1964 through 14 April 1966, while he served in the rank and pay grade of
Specialist Five, E-5, and to have it added to his DD Form 214.

BOARD VOTE:

__tlp____  __Bpi___  __JGH __  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 the applicant the Purple Heart and adding this award to
his DD Form 214, with an effective date of 5 April 1968; and

      b.  awarding the applicant the Good Conduct Medal for his enlisted
service for the period 16 September 1964 through 14 April 1966, while he
served in the rank and pay grade of Specialist Five, E-5,  and, adding this
award to his DD Form 214, with an effective date of 14 April 1966.



                            _____Terry L. Placek____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060131                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES        1.        |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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