RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 March 2006
      DOCKET NUMBER:  AR20050010738


      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. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey P.  Parsons           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 service number and the rank
shown on his Purple Heart be corrected and that the Purple Heart 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 service number and the rank
shown on his Purple Heart are incorrect.  He needs to have these corrected
for VA (Department of Veterans Affairs) purposes.

3.  The applicant provides a copy of his DD Form 214; a copy of the award
certificate for the Purple Heart; and a cover letter prepared by the State
of Idaho, Division of Veterans Services, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 October 1969, the date he was released from active duty.  The
application submitted in this case is dated 14 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 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 records show he enlisted in the Idaho Army National
Guard for 6 years on 13 November 1965.  On 10 January 1967, the applicant
was ordered to active duty for training.  He completed his basic combat
training at Fort Lewis, Washington, and his advanced individual training
at Fort Leonard Wood, Missouri. After completing all required training, he
was awarded the military occupational specialty (MOS), 12A (Pioneer).  The
applicant was released from active duty for training and reverted to the
Idaho Army National Guard on 14 May 1967.

4.  The applicant was promoted to the rank and pay grade, Sergeant, E-5, by
Unit Orders 31, Paragraph 1, published by the 116th Engineer Battalion,
Idaho Army National Guard, on 6 May 1968.

5.  On 13 May 1968, the applicant was involuntarily ordered to active duty
with his unit, Company D, 116th Engineer Battalion.  The applicant and his
unit were assigned to Vietnam.  He arrived there with his unit on 11
September 1968.

6.  On 18 June 1969, the applicant was slightly wounded in action in
Vietnam by small arms fire while driving a military vehicle on a military
mission when the area came under attack by a hostile force.  He received
wounds to his upper left shoulder, upper left arm, lower left leg and lower
left back, and left buttocks.

7.  The applicant was awarded the Purple Heart for wounds he received in
the above described action.  On the award certificate, the applicant was
incorrectly identified as serving in the rank and pay grade, Specialist
Fifth Class, E-5.  On the date he was wounded, the applicant was serving in
the rank and pay grade, Sergeant, E-5.  The applicant's service number was
also incorrectly applied.  The applicant's service number is shown as:
NG 2***707.  The applicant's correct service number is:  NG2****202.

8.  The applicant served in Vietnam until 25 June 1969 when he was
medically evacuated to the 106th General Hospital, Yokohama, Japan, and in
turn to Madigan General Hospital, Tacoma, Washington.

9.  The applicant was honorably released from active duty on 9 October
1969, under the provisions of Army Regulation (AR) 635-200 to revert to the
Idaho Army National Guard, in the rank and pay grade of Sergeant, E-5.  On
the date of his release from active duty, the applicant had completed 1
year, 4 months, and 25 days net active service this period, with 3 years,
10 months, and 25 days total creditable service for basic pay purposes.

10.  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, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-1 Rifle and M-14 Rifle),
and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16 Rifle).  The Purple Heart is not shown among his awards.

11.  There are no orders in the applicant's service personnel records for
award of the Purple Heart; however, the applicant's records contain a copy
of the casualty report and a copy of the Western Union telegram that was
sent to the applicant's wife notifying her of his being wounded in action.
The Purple Heart was awarded at a medical treatment facility in Vietnam.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows that the applicant consistently
received "excellent" conduct and efficiency ratings.  There is no evidence
of any breach of good order or discipline in his service personnel record
that would preclude award of the Good Conduct Medal.

13.  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 campaign participation.

14.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969; the Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

15.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

16.  AR 672-5-1, in effect at the time of the applicant's separation,
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.

17.  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 the
116th
Engineer Battalion, 18th Engineer Brigade, was awarded the Meritorious Unit
Commendation, for the period 7 October 1968 through 31 May 1969, by
Department of the Army General Orders (DAGO) Number 60, dated 1969.

18.  DA Pamphlet 672-3 also shows that the unit the applicant was assigned
to, a subordinate unit of the United States Army, Vietnam, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.
This unit award is not shown on his DD Form 214.

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 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Purple Heart, for
wounds he received in action against a hostile armed enemy on 18 June 1969.
 He is therefore eligible to have the Purple Heart added to his DD Form
214.

2.  The evidence also shows that the applicant's rank and pay grade were
incorrectly entered on the award certificate awarding his the Purple Heart.
 At the time the applicant was wounded in action, he was serving in the
rank of Sergeant and not Specialist Fifth Class as shown on the award
certificate.  The applicant's service number is also incorrect.  The
applicant's service number is NG2****202 and not NG 2***707 as shown on the
award certificate.  The applicant is entitled to a correction to the award
certificate to show his correct rank and service number.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of an administrative oversight rather than
something the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 13
May 1968 through 9 October 1969.
4.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

5.  The applicant served in a unit, the 116th Engineer Battalion, 18th
Engineer Brigade, which was cited for award of the Meritorious Unit
Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, while he was a member of the unit.  He is therefore entitled to
these unit awards and to have them added to his separation document.

BOARD VOTE:

_JPP____  ___EM _  _JI______  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.  adding the already-awarded Purple Heart to the applicant's DD
Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period 13
May 1968 through 9 October 1969 and adding this award to his DD Form 214;

      c.  awarding the applicant four bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in four campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with four bronze service stars;
d.  awarding the applicant the Meritorious Unit Commendation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214; and


      e.  making an appropriate correction to the rank and the service
number shown on the award certificate awarding the Purple Heart to the
applicant for wounds he received in action on 18 June 1969 while he served
in Vietnam.




                            _____John Infante________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060323Y                               |
|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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