RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       6 April 2006
      DOCKET NUMBER:  AR20050009991


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge, be corrected to
reflect that he received a Purple Heart while in Vietnam.

2.  The applicant states, in effect, that he received a Purple Heart but it
is not listed on his DD Form 214.  This error affects the medical benefits
that he is eligible to receive.

3.  The applicant submits a copy of his DD Form 214 and a copy of documents
related to a legal name change that was approved for him on 29 April 1999
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 8 May 1970, the date he was discharged from the Army.  The
application submitted in this case is dated 5 July 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 military records show he was inducted into the Army of
the United States on 20 February 1969.  He completed basic combat training
at Fort Bragg, North Carolina, and his advanced individual training at Fort
McClellan, Alabama.  After completing all required training, he was awarded
the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 14 October 1969 through 8 May
1970, with Company B, 1st Battalion, 61st Infantry Regiment, 5th Infantry
Division (Mechanized).

5.  The applicant was discharged under honorable conditions, on 8 May
1970, in the rank and pay grade, Private First Class, E-3.  On the date he
was discharged,
he had completed 1 year, 2 months, and 11 days net active military
service, with 8 days lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and one overseas
service bar.  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  Notwithstanding the above information, the applicant's name appears
on the Vietnam Casualty List.  This list shows the applicant was slightly
wounded in action against a hostile force on 11 November 1969.  No other
details are shown.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in three campaigns of the
Vietnam War:  the Vietnam Summer-Fall 1969, which extended from 9 June
through 31 October 1969; the Vietnam Winter-Spring 1970, which extended
from 1 November 1969 through 30 April 1970; and the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970.

13.  Army Regulation (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.  This regulation also provides that there is
no statute of limitations on requests for award of the Purple Heart.
14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, Company B, 1st Battalion, 61st Infantry
Regiment, was awarded the Valorous Unit Award, for the period 11 November
through 15 November 1969, by DAGO 52, dated 1974.

16.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO
8, dated 1974.  The unit award is not shown on the applicant's DD Form 214.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Rifle Bar [M-14 Rifle], by Special Orders Number 97, Paragraph 18,
published by Headquarters, US Army Training Center, Infantry, Fort Bragg,
North Carolina, on 7 April 1969.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], by Special Orders Number 142,
Paragraph 33, published by Headquarters, US Army School/Training Center,
Infantry, Fort McClellan, Alabama, on 18 June 1969.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was slightly wounded in action against
a hostile enemy on 11 November 1969.  There is no evidence he was awarded
the Purple Heart.  Based on the evidence, the applicant is entitled to
award of the Purple Heart and to have it added to his DD Form 214.

2.  The applicant served in three campaigns while he served in Vietnam.
The Vietnam Service Medal is shown on his DD Form 214; however, the bronze
service stars to denote his campaign participation are not shown.  The
applicant is entitled to award of the Vietnam Service Medal, with three
bronze service stars, and have these awards shown on his DD Form 214.

3.  The applicant served in a unit, which was awarded the Valorous Unit
Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, while he was a member of the unit.  These unit awards are not
shown on his DD Form 214. He is entitled to these unit awards and to have
them added to his DD Form 214.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar, and the Expert Marksmanship Qualification Badge,
with Rifle Bar.  These marksmanship qualification badges were omitted from
his DD Form 214 when he was discharged.  The applicant is entitled to have
these marksmanship qualification badges added to his DD Form 214.

BOARD VOTE:

_PMS___  __cd____  _BK_____  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 for wounds he received on
11 November 1969 in action against a hostile force and adding this award to
his DD Form 214;

      b.  awarding the applicant the Valorous Unit Award and the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit
awards to his DD Form 214;


      c.  awarding the applicant three bronze service stars, to be affixed
to his already-awarded Vietnam Service Medal, to denote his campaign
participation credit, and adding these awards to his DD Form 214; and


      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Rifle and Automatic Rifle Bars, to his DD Form 214.




                            _____Paul M. Smith_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050009991                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060406                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]