RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 February 2005
      DOCKET NUMBER:  AR20040001358


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that his records should reflect an
award of the Purple Heart with an effective date of 24 February 1969.

3.  The applicant provides a copy of a certificate for the Purple Heart,
dated
25 February 1969 and a copy of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 November 1969, the date of his separation from active
service.  The application submitted in this case is dated 14 April 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 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 military records show that he was inducted on 21
November 1967 for a period of two years.  He successfully completed basic
and advanced individual training and was awarded the military occupational
specialty 11B40 (Light Weapons Infantryman).  He served in Vietnam from 8
May 1968 to 6 May 1969.  He was honorably discharged on 20 November 1969.

4.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
which he authenticated in his own hand, does not show the award of the
Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) contains the entry "FW (R) Side." [Fragment Wound Right Side].
Item 41 (Awards and Decorations) does not show the award of the Purple
Heart.


6.  The applicant's records contain a copy of General Orders Number 59,
Headquarters, 3rd Surgical Hospital (Mobile Army), dated 25 February 1969.
These orders show that the applicant was awarded the Purple Heart on
25 February 1969 for wounds he received in connection with military
operations against a hostile force.

7.  The applicant was assigned to B Company, 6/31st, 91st Infantry Division
at the time of the action for which he was cited.

8.  Army Regulation 600-8-22 (Military Awards) 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
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  General Orders Number 59, dated 25 February 1969 shows the applicant
received wounds as a result of hostile action on 24 February 1969.
Therefore, the applicant is entitled to award of the Purple Heart for
wounds sustained as a result of hostile action 24 February 1969 while
serving in Vietnam.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 November 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waiver failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__jlp___  __tap___  __kwl___  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 showing award of the Purple Heart for
wounds sustained on 24 February 1969 while serving in Vietnam.



                                  Jennifer L. Prater
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001358                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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