RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2005
      DOCKET NUMBER:  AR20040003178


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show that he was
awarded the Purple Heart and any other combat citations.

2.  The applicant states that he was wounded in Vietnam, but his DD Form
214 does not reflect it.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 July 1967.  The application submitted in this case is
dated 19 June 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 of the United States for 2
years on 29 June 1966.  He underwent Basic Combat Training (BCT) at Fort
Bragg, North Carolina and Infantry Advanced Individual Training (AIT) at
Fort Polk, Louisiana.  He was awarded military occupational specialty (MOS)
11H, Indirect Fire Crewman.

4.  Upon completion of all required military training, the applicant was
reassigned to the Republic of Vietnam.  He arrived in Vietnam on/about 6
December 1966 and was assigned to Company D, 1st Battalion, 7th Cavalry,
1st Cavalry Division.

5.  While on a combat mission on 6 February 1967, the applicant was struck
by enemy shrapnel and lost his left eye.  He was medically evacuated from
Vietnam and transferred to the US Army Valley Forge General Hospital,
Phoenixville,
Pennsylvania.  Following medical treatment, he underwent a Physical
Evaluation Board (PEB) and was determined to be permanently disabled.  He
was retired by reason of physical disability on 17 July 1967.

6.  The applicant's DD Form 214 shows that he had 1 year and 19 days of
creditable active Federal service, of which 3 months and 3 days were served
in Vietnam.  He had no lost time.  Item 24 (Decorations, Medals, Badges)
lists only the National Defense Service Medal and the Vietnam Service
Medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.

      a.  The Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.  During the Vietnam War, US Army Vietnam (USARV)
Regulation 672-1 (Decorations and Awards) elaborated on award of the Purple
Heart (PH).  It stated that Soldiers who were treated and returned to their
units within 24 hours of being wounded would be awarded the Purple Heart by
their unit of assignment.  For wounded Soldiers requiring hospitalization
in excess of 24 hours or medical evacuation from Vietnam, the authority to
award the Purple Heart was delegated to hospital commanders.  General
Orders Number 35, Department of the Army, Valley Forge General Hospital,
dated 31 May 1967, awarded the Purple Heart to the applicant for wounds
received in action on 6 February 1967.

      b.  The Good Conduct Medal (GCMDL) is awarded to Soldiers 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.

      c.  The Vietnam Campaign Medal (VCM) was awarded by the Government of
Vietnam 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 six
months of service due wounds resulting from hostile action were entitled to
award of the Vietnam Campaign Medal.

      d.  A bronze service star based on qualifying service for each
campaign listed in Appendix B of this regulation will be awarded.
Authorized bronze service stars will be worn on the appropriate service
medal.  A single silver service star denotes five campaigns.  The applicant
served in Vietnam during the following campaign:  Counteroffensive, Phase
II from 1 July 1966-31 May 1967.

      e.  The Combat Infantryman Badge (CIB) is awarded to infantry
officers and to enlisted and warrant officer personnel who have an infantry
MOS.  They must have served in active ground combat while assigned or
attached to an infantry unit of brigade, regimental or smaller size.  The
Awards Branch of the US Army Human Resources Command (HRC) – Alexandria,
Virginia  has advised in similar cases that, during the Vietnam era, the
CIB was awarded only to enlisted Soldiers who held and served in MOS 11B,
11C, 11F, 11G, or 11H.

8.  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 was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 17 May 1965 to 19 May 1969 by Department
of the Army General Order Number 70, dated 1969.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 July 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 16 July 1970.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waiver failure to
timely file in the interest of justice and equity, and based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 is incorrect and does not properly list all
of his awards and decorations.  The applicant was seriously wounded in
Vietnam on 6 February 1967 and is entitled to award of the Purple Heart.

2.  The applicant is also entitled to have his DD Form 214 corrected to
reflect award of the Good Conduct Medal, the Vietnam Service Medal with
bronze service star, the Vietnam Campaign Medal with Device 1960, the
Vietnam Gallantry Cross Unit Citation with Palm, and the Combat Infantryman
Badge.

BOARD VOTE:

__rjw___  __jtm___  __jkr___  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.  Deleting the Vietnam Service Medal from his DD Form 214; and

      b.  Adding the Purple Heart, Good Conduct Medal, Vietnam Service
Medal with bronze service star, Vietnam Campaign Medal with Device 1960,
Vietnam Gallantry Cross Unit Citation with Palm, and Combat Infantryman
Badge.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003178                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|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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