RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2005
      DOCKET NUMBER:  AR20040004332


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Lawrence Foster               |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) does not reflect the Purple Heart
he received as a result of combat wounds incurred in September 1966 in
Vietnam.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record) and copy of a DD Form 1351-2 (Travel Voucher or Subvoucher).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or which
occurred on 31 August 1967.  The application submitted in this case is
dated 30 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 on
19 September 1965.  He completed basic and advanced individual training and
was awarded the military occupational specialty 13A10 (Field Artillery
Basic).  He was honorably separated from active duty on 31 August 1967.

4.  The applicant's records contain General Orders Number 1016,
Headquarters, 25th Infantry Division, dated 10 September 1966.  These
orders show that the applicant was awarded the Purple Heart for wounds
received in connection with military operations against a hostile force on
9 September 1966 in Vietnam.

5.  The applicant was assigned to the 7th Battalion, 11th Artillery, 25th
Infantry Division at the time of the actions for which he was cited.

6.  Item 20 (Wounds) of the applicant's DA Form 20 contains the entry "FW
(R)
LOWBR ARM."

7.  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.

8.  Item 24 of the applicant's DD Form 214 shows award of the Vietnam
Service Medal.  Records show the applicant participated in the Vietnam
Counteroffensive (25 December 1965 through 30 June 1966) and the Vietnam
Counteroffensive Phase II (1 July 1966 through 31 May 1967).  The
applicant's Vietnam Service Medal does not show bronze service stars to
indicate credit for both campaigns.

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 7th Battalion, 11th Artillery, 25th Infantry Division, was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class
based Department of the Army General Orders Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows that the 7th
Battalion, 11th Artillery, 25th Infantry Division was cited for award of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on
Department of the Army General Orders Number 8, dated 1974.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, authorizes 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 medal, which in this case is
the Vietnam Service 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 1016, dated 10 September 1966 show that the
applicant was awarded the Purple Heart.  Therefore, he is entitled to
correction of his records to show award of the Purple Heart.

3.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm based on his service in Vietnam.  Therefore, he is
entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant is entitled to award of two bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in two campaigns during his Vietnam service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1967, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 August 1970.  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:

__mhm___  __kah___  __lf____  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
9 September 1966;

      b.  awarding him the Vietnam Service Medal with two bronze service
stars, the Republic of Vietnam Civil Actions Honor Medal First Class, and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and




      c.  amending his DD Form 214 with an effective date of 31 August 1967
to delete the Vietnam Service Medal with one bronze service star and to
show the Vietnam Service Medal with two bronze service stars.




                                  Melvin H. Meyer
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004332                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050426                                |
|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.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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