RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2005
      DOCKET NUMBER:  AR20040001439


      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:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 military records to show award
of the Purple Heart.

2.  The applicant states that his award of the Army Commendation Medal
shows that he sustained a head wound which indicates that the Purple Heart
should also be awarded.

3.  The applicant provides a copy of an award citation for the Army
Commendation Medal, dated 5 May 1966 and a copy of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).  The
applicant also states that he provides a letter in support of his
application, however, no letter was submitted with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 January 1968, the date of his separation from active
service.  The application submitted in this case is dated 3 May 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 enlisted on 31 July 1969 for a period of three years.  He
completed basic and advanced individual training and was awarded the
military occupational specialty (MOS) 11B4P (Light Weapons Infantryman).
He was honorably separated from active duty on 25 January 1968.

4.  The applicant's service personnel records contain two DD Forms 214 for
the periods 21 January 1963 through 25 January 1965 and 26 January 1965
through
25 June 1968.  These DD Forms 214 do not show that the applicant was
awarded the Purple Heart.

5.  The applicant's name is not listed on the Vietnam Casualty Roster.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant's DD Form 214 contains the entry "GSW [Gunshot Wound] to Head
Shrap [Shrapnel] R Side."

7.  The applicant's records contain General Orders Number 1600,
Headquarters, 1st Cavalry Division (Airmobile), dated 5 May 1966.  These
orders show that the applicant was awarded the Army Commendation Medal with
"V" Device for heroism in connection with military operations against a
hostile force on
23 February 1966.

8.  General Orders 1600 contains a narrative which describs the applicant's
actions for which he was awarded the Army Commendation Medal with "V"
Device.  The narrative stated, in part, that the applicant's unit was
engaged with a numerically superior, entrenched Viet Cong force.  During
the engagement, the applicant's platoon suffered heavy casualties during
the first minutes of battle and in an attempt to outflank the enemy, the
applicant sustained a head wound.  The narrative also stated that the
applicant, ignoring his wound, continued to advance, inflicting casualties
upon the enemy and allowing fellow Soldiers to seek cover in a small
trench.

9.  The applicant's record contains General Orders Number 3180,
Headquarters, 1st Cavalry Division (Airmobile), dated 9 September 1966.
These orders show that the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight for the period
September 1965 to July 1966.  This award is not shown on the applicant's DD
Form 214.

10.  The applicant was assigned to Company C, 1st Battalion (Airborne),
12th Cavalry at the time of the actions for which he was cited.

11.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

12.  The applicant's service records indicate he participated in the
Vietnam Counteroffensive for the period 25 December 1965 through 30 June
1966.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, the 1st Battalion, 12th Cavalry, was cited for award of the
Presidential Unit Citation based on Department of Army General Orders
Number 40, dated 1967.

14.  Department of the Army Pamphlet 672-3 also shows that the 1st
Battalion, 12th Cavalry was cited for award of the Republic of Vietnam
Gallantry Cross with Palm based on Department of the Army General Orders
Number 56, dated 1969.

15.  Army Regulation 800-8-22 (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.

16.  Army Regulation 600-8-22, provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
"V" device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze "V" device in conjunction with awards of the Army
Commendation Medal, the Air Medal, and the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his records to
show award of the Purple Heart.

2.  General Orders Number 1600, Headquarters, 1st Cavalry Division
(Airmobile), dated 5 May 1966 shows that the applicant received wounds as a
result of hostile action on 23 February 1966.  Therefore, the applicant is
entitled to correction of his records to show award of the Purple Heart.

3.  The applicant was assigned to a unit during a period of time that the
unit was awarded the Presidential Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  These unit awards should be added
to his DD Form 214 with an effective date of 25 January 1968.

4.  The evidence of record shows the applicant was awarded the Air Medal.
This award should be added to his DD Form 214 with an effective date of
25 January 1968.

5.  The evidence of record show the applicant was awarded the Army
Commendation Medal with "V" device.  Therefore, his DD Form 214 with an
effective date of 25 January 1968 should be amended to delete the Army
Commendation Medal and to show he was awarded the Army Commendation Medal
with "V" device.

6.  The applicant did not receive participation credit for one campaign.
His DD Form 214 with an effective date of 25 January 1968 should be amended
to show he is authorized to wear the Vietnam Service Medal with one bronze
service star.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
24 January 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__tdh___  __rjo___  __jbg___  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 him the Purple Heart for wounds received in action on
23 February 1966;


      b.  amending his DD Form 214 with an effective date of 25 January 1968
to delete the Army Commendation Medal and to show he was awarded the Army
Commendation Medal with "V" device; and










      c.  awarding him the Air Medal, the Presidential Unit Citation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze
service star to be worn on his Vietnam Service Medal.






                                  Thomas D. Howard, Jr.
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001439                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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