RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2005
      DOCKET NUMBER:  AR20040003631


      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. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |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 that his award of the Purple Heart is not shown on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a copy of an award certificate for the Purple
Heart and a letter from the National Personnel Records Center, dated 5 July
2004 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1968, the date of his separation from active service.
The application submitted in this case is dated 18 February 2004; however,
it was received in this office on 6 July 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 25 May 1966 for a period of

2 years.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty 11B10 (Light
Weapons Infantryman).  He served in Vietnam with the 9th Infantry Division.
 He was honorably discharged on 25 June 1968.

4.  The applicant's DD Form 214, in item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal with "two bronze stars," and the Sharpshooter Badge (Rifle M-14).




5.  The applicant's military personnel records contain a Western Union
telegram, dated 16 March 1967, which stated that the applicant was wounded
in Vietnam on 14 March 1967 as a result of hostile action.  The telegram
also stated that the applicant sustained a contusion to the head while on a
combat operation when a military vehicle in which he was a passenger hit a
hostile mine.

6.  The applicant's records also contain General Orders Number 50,
Headquarters, 3rd Field Hospital, dated 16 March 1967.  These orders show
that the applicant was awarded the Purple Heart for wounds received in
connection with military operations against a hostile force.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item
41 (Awards and Authority) that the applicant was awarded the Vietnam
Campaign Medal.  However, this award is not shown on his DD Form 214.

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

9.  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 2nd Brigade, 9th Infantry Division, was cited for award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 31, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that, the 2nd
Brigade, 9th Infantry Division, was cited for award of Republic of Vietnam
Civil Actions Honor Medal First Class based on Department of the Army
General Orders Number 59, dated 1969.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons 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 Total Army
Personnel Command has advised, in similar cases, that during the Vietnam
era the Combat Infantryman Badge was awarded only to enlisted individuals
who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal 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 more and contributed direct combat support to the Republic of Vietnam
and 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 to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  General Orders Number 50, dated 16 March 1967 shows that the applicant
received wounds as a result of hostile action on 14 March 1967.  Therefore,
the applicant is entitled to correction of his records for award of the
Purple Heart.

3.  The applicant was assigned to an infantry unit and was engaged in
ground combat during his service in Vietnam.  Therefore, he is entitled to
correction of his records to show the Combat Infantryman Badge.

4.  Evidence of record shows that the applicant was awarded the Vietnam
Campaign Medal.  Therefore, he is entitled to correction of his records to
show this award.

5.  The applicant's DD Form 214 shows that he received the Vietnam Service
Medal with [two bronze stars].  His records should be corrected to show two
bronze service stars.

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 31, dated 1969.  Therefore, he is entitled to correction of
his DD Form 214 to show this unit award.

7.  The applicant is also entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class based on the Department of the Army
General Orders
Number 59, dated 1969.  Therefore, he is entitled to correction of his DD
Form 214 to show this unit award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
24 June 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.

9.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

__js____  __slp___  __cg____  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.  showing award of the Purple Heart for wounds sustained on 14 March
1967 while serving in Vietnam, and


      b.  adding the Combat Infantryman Badge, and

      c.  deleting Vietnam Service Medal with two bronze stars and adding
the Vietnam Service Medal with two bronze service stars, and

      d.  adding the Vietnam Campaign Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class.






                                  John Slone

                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003631                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |107.0095                                |
|4.                      |107.0112                                |
|5.                      |                                        |
|6.                      |                                        |


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