RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2005
      DOCKET NUMBER:  AR20040004548


      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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that he was awarded the Purple Heart on 18 January
1969 for wounds received in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and an award certificate for
the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 August 1969.  The application submitted in this case is
dated 7 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 15 January 1968.  He
completed basic and advanced individual training and was awarded the
military occupational specialty 11B20 (Light Weapons Infantryman).  He
served with the 2nd Battalion, 7th Cavalry, 1st Cavalry Division
(Airmobile) in Vietnam from 24 June 1968 to 4 February 1969.

4.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) contains the
entry "FW L Knee L Leg" in item 40 (Wounds).  The DA Form 20 also shows the
applicant was a patient at the 106th General Hospital and at Irwin Army
Hospital at Fort Riley, Kansas.

6.  The applicant's name is listed on the Vietnam Casualty Roster.

7.  The applicant provides a copy of an award certificate which shows he
received the Purple Heart for wounds received in action on 18 January 1969
in the Republic of Vietnam.

8.  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.

9.  The applicant's service records indicate he participated in the
following   campaigns: the Vietnam Counteroffensive Phase V (1 July 1968
through 1 November 1969), Vietnam Counteroffensive Phase IV (2 April 1968
through      30 June 1968), and the Vietnam Counteroffensive Phase VI (2
November 1968 through 22 February 1969).  The applicant's award of the
Vietnam Service Medal does not show bronze service stars to indicate credit
for these campaigns.

10.  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,
2nd Battalion, 7th Cavalry, 1st Cavalry Division, was cited for award of
the Republic of Vietnam Gallantry Cross with Palm based on Department of
the Army General Orders Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows that, the 2nd
Battalion,
7th Cavalry, was cited for award of Republic of Vietnam Civil Actions Honor
Medal First Class based on Department of the Army General Orders Number
42, dated 1972.

12.  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.  There is no statue of limitations governing requests for
award of the Purple Heart.

13.  Army Regulation 600-8-22, provides, in pertinent part, for 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 service medal.





DISCUSSION AND CONCLUSIONS:

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

2.  Evidence of records shows that the applicant sustained a wound to the
left leg and subsequent hospitalization during his service in Vietnam and
his name appears on the Vietnam Casualty Roster.  Therefore, the applicant
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 Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 59, dated 1969 and the Republic of Vietnam Civil Actions
Honor Medal First Class based on Department of the Army General Orders
Number 42, dated 1972.  Therefore, he is entitled to correction of his DD
Form 214 to show these unit awards.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 August 1972.  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:

__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 showing award of the Purple Heart for
wounds received in action on 18 January 1969, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil
Actions Honor Medal First Class, and three bronze service stars to be worn
on his Vietnam Service Medal.




                                  John Slone
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004548                           |
|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.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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