RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 JULY 2004
      DOCKET NUMBER:   AR2004102535


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Marla Troup                   |     |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 his records be corrected to reflect award
of the Purple Heart.

2.  The applicant states, in effect, that his award of the Purple Heart was
omitted from his separation document.

3.  The applicant provides a copy of his Purple Heart award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 April 1970.  The application submitted in this case is
dated
5 January 2004.

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.  Records available to the Board indicate that the applicant initially
entered active duty on 9 April 1965 and was discharged for the purpose of
immediate reenlistment on 10 April 1966.

4.  In March 1968 he was assigned to the 1st Battalion, 11th Infantry, at
Fort Carson, Colorado.  In July 1968 he was reassigned to Vietnam as part
of a unit move.

5.  A Western Union Telegram to the applicant's spouse and parents
confirmed that he was wounded as a result of hostile action on 1 December
1968 while in Vietnam.  The telegram states that the applicant was "on a
combat operation when hit by fragments from a hostile grenade."

6.  Although the applicant's file does not contain orders confirming award
of the Purple Heart, the award certificate, provided by the applicant,
indicates that he was awarded the Purple Heart on 3 December 1968 by the
commander of the 312th Evacuation Hospital.




7.  The applicant returned to the United States in July 1969 and on 22
April 1970 he was released from active duty with an honorable
characterization of service.  His separation document does not reflect
entitlement to the Purple Heart.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have
participated in four designated campaigns (Vietnam Counteroffensive Phases
V and VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969).  Four
bronze service stars on the Vietnam Service Medal, which is reflected on
his separation document, should reflect his campaign participation.  His
unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm while the applicant was a member of the organization.  The unit
award was also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in as a result of
hostile action while in Vietnam.  Although his record does not contain a
copy of orders confirming the award, the award citation is sufficient to
conclude that he was in fact awarded the Purple Heart.  His records should
be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to four
bronze service stars on his Vietnam Service Medal and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___RA___  ___JA __  ___MT __  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:

      a.  award of the Purple Heart; and


      b.  entitlement to four bronze service stars on his Vietnam Service
Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.





            _____Roger Able_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102535                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040715                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |