RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003092681

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lawrence Foster		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that the award of the Purple Heart be reflected on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that he was wounded in June 1970, receiving knee and back injuries.  He received the Purple Heart; however it was never documented on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             23 February 1971.  The application submitted in this case is dated 11 June 2003. 

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 was inducted into the Army on 3 July 1969, completed training as an infantryman, and in December 1969 was assigned as a rifleman to Company B, 2nd Battalion, 60th Infantry, a unit of the 3d Brigade, 9th Infantry Division in Vietnam.  

4.  During his tour in Vietnam the applicant was awarded the Combat Infantryman Badge, the Air Medal and the Army Commendation Medal for meritorious achievement.  Those awards are reflected on his DD Form 214.   

5.  Orders show that the applicant was also awarded the Army Commendation Medal with "V" device for heroism on 28 June 1970, the Purple Heart for wounds received in action on 28 June 1970, and the Bronze Star Medal for meritorious service for the period November 1969 to June 1970.  Those awards are not shown on his DD Form 214.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that on       3 July 1970 he was a patient at the 249th General Hospital in Japan.  Orders show that he was medically evacuated from that hospital to the Medical Holding Company, General Leonard Wood Army Hospital, Fort Leonard Wood, Missouri on 12 July 1970.  He was released from active duty on 23 February 1971.  The applicant's DD Form 214 does not show award of the Purple Heart.        
7.  Prior to his release from active duty the applicant underwent a physical examination.  In the report of medical history that he furnished for the examination, the applicant stated that he had been treated for multiple fragment wounds to his right knee and for a fracture to his right distal femur, injuries that he received in Vietnam.  

8.  The Unit Citation and Campaign Participation Credit Register shows that the 2nd Battalion, 60th Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  The Army 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action and awarded the Purple Heart.  That award should be reflected on his DD Form 214.  He was awarded the Army Commendation Medal with "V" device and the Bronze Star Medal.  Those awards should be shown on his DD Form 214.      

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

3.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal. 

BOARD VOTE:

__RVO __  __MVT__  __LF ___  GRANT 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 Army Commendation Medal with "V" device, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct Medal.

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003092681	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.