RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002108


      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. Hubert Fry                    |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Peter Fisher                  |     |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 wounded his first day in the field as a
result of a hand grenade thrown by friendly forces in a nighttime probing
action around a hilltop perimeter.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 July 1970.  The application submitted in this case is
dated         14 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 was inducted into the Army on 4 August 1969, trained as
an infantryman, and in January 1970 was assigned as a rifleman to Company
D,    3d Battalion, 21st Infantry of the 196th Infantry Brigade in Vietnam.
 The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he
sustained a wound to his right eye on 22 January 1970.  He was a patient in
the             106th General Hospital in Japan, and in late February 1970
was evaluated to Valley Forge General Hospital in Phoenixville,
Pennsylvania.

4.  On 23 January 1970 The Adjutant General informed the applicant’s
parents that he had been wounded in action in Vietnam on 22 January 1970 by
fragments from a grenade which he threw at a suspected hostile force while
at a night defensive position, sustaining a ruptured globe of the right
eye, resulting in post evisceration of the right eye.

5.  The applicant underwent processing under the physical disability
system, and on 10 July 1970 was permanently retired with a physical
disability rating of         40 percent.  He had 11 months and 4 days of
service.

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 3d Battalion, 21st Infantry, was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions during the
applicant’s assignment to that organization.

7.  Army Regulation 600-8-22 provides 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.  Individuals wounded or killed as a
result of friendly fire in the heat of battle will be awarded the Purple
Heart as long as the friendly projectile or agency was released with the
full in tent of inflicting damage or destroying enemy troops or equipment.

8.  The Vietnam Casualty Roster maintained by this agency shows that the
applicant was wounded in action on 22 January 1970.

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.

10.  The Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry MOS (military
occupational specialty).  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action.  He is entitled to award of the
Purple Heart.  He was an infantryman engaged in combat while assigned to an
infantry company.  He is entitled to award of the Combat Infantryman Badge.


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

3.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

BOARD VOTE:

___HF __  ___MT __  ___PF___  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,
Combat Infantryman Badge, Army Good Conduct Medal, and the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.




                            ______ Hubert Fry________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002108                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050223                                |
|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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