RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001910


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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 award of the Purple Heart.

2.  The applicant states he was hit with shrapnel from an enemy rocket
while in Vietnam but his records do not show award of the Purple Heart.  He
states he was hospitalized for 6 months.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 October 1971.  The application submitted in this case
is dated
12 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.  Records available to the Board indicate that the applicant entered
active duty as a Regular Army Soldier on 26 June 1968 and was trained as a
mechanic.  He was discharged for the purpose of immediate reenlistment on
20 March 1969.

4.  The applicant arrived in Vietnam in May 1970 and was assigned to the
75th Support Battalion, 1st Brigade, 5th Infantry Division.  According to
an entry in item 40 (wounds) on his Department of the Army Form 20
(Enlisted Qualification Record) he sustained shrapnel wounds to his back on
10 June 1970.  The applicant’s name is also among a list of individuals
reported as combat casualties during the Vietnam War.

5.  The applicant was medically evacuated from Vietnam and ultimately
returned to duty at Fort Sill, Oklahoma in October 1970, following his
medical rehabilitation.

6.  He was released from active duty on 4 October 1971 under a program
which permitted the early release of Soldiers to attend school.  His
records do not reflect award of the Purple Heart.

7.  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.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (Sanctuary
Counteroffensive) during the applicant’s period of assignment.  One bronze
service star on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.

9.  The pamphlet also provides, in pertinent part, for award of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm to all
individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in
a unit which was subordinate to Headquarters, United States Army Vietnam.
The applicant’s unit was such a unit.  The unit award was omitted from his
separation document.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal (VCM).  The Government of
Vietnam awarded this medal to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or service outside the geographical limits of the Republic of
Vietnam that contributed direct combat support to the Republic of Vietnam
and its Armed Forces.  Individuals who had qualified for award of the
Vietnam Service Medal or the Armed Forces Expeditionary Medal and were
evacuated prior to completing 6 months of service due wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of
hostile action on 10 June 1970 and as such, is entitled to an award of the
Purple Heart.

2.  The evidence also confirms that the applicant is entitled to a bronze
service star on his Vietnam Service Medal, a Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and the Vietnam Campaign Medal.  His records
should be corrected to reflect that information.

BOARD VOTE:

___MP __  ___SP __  ___SP __  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 sustained on 10 June
1970; and


      b.  showing that he is entitled a bronze service star on his Vietnam
Service Medal, a Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Vietnam Campaign Medal.




                            ____Margaret Patterson______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001910                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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.                      |                                        |


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