RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 February 2005
      DOCKET NUMBER:  AR20040005068


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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, in effect, award of the Purple Heart for wounds
received in action in Vietnam.

2.  The applicant states, in effect, that he was treated for his wounds in
the field and that he has had the scars ever since he was wounded.

3.  The applicant provides a copy of a letter, dated 18 December 2003, from
the Department of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on
3 December 1969.  The application submitted in this case is dated 11 April
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 limitation 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 initially entered active service on 25 March 1967.  He
reenlisted on 29 October 1968 and was discharged on 3 December 1969.  The
applicant served in Vietnam from 20 August 1967 through 19 August 1968.

4.  The applicant was assigned to D Company, 3rd Battalion, 25th Infantry
Division from 28 August 1967 through 10 August 1968.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Report of Separation from Active Duty) with an effective date of 3
December 1969 does not show award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not contain any entries pertaining to wounds.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show award of the Purple Heart.

8.  There are no orders in the applicant's military service records
awarding him the Purple Heart.

9.  The applicant's name is not listed on the Vietnam Casualty Roster.

10.  The applicant's records contain an undated statement by the applicant
in which he states that he was treated in the field and that it was 88 days
before he returned to base camp.

11.  The records contain a statement, dated 12 December 2001, from a
Soldier who stated he was assigned with the applicant in Company D during
1967 and 1968.  In his statement, the Soldier stated that he remembers the
applicant being hit by shrapnel from a rocket-propelled grenade (RPG) round
and that he was treated in the field and not airlifted.

12.  The applicant's records contain a statement, dated 29 April 2002, from
a retired lieutenant colonel, who was the commander of Company D during the
applicant's tour in Vietnam.  In his statement, the lieutenant colonel
stated that a RPG round struck one of the armored personnel carriers and
"spread shrapnel over several of my men."  The lieutenant colonel stated
that the applicant and two other Soldiers were wounded. The lieutenant
colonel further stated "I decided that in view of our tactical situation we
would defer sending the men to a base camp medical station until the
arrival of the night resupply helicopter later in the day."

13.  A letter from the Department of Veterans Affairs, dated 18 December
2003, stated that the applicant has scars on his face, back, and right
thigh that are consistent with shrapnel wounds and that these scars are
attributable to his military service.

14.  A review of the applicant's records shows that he is entitled to
additional awards, which are not listed on his DD Form 214.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of
Army Regulation 600-8-22 shows he served during the Vietnam
Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968), the
Tet Counter offensive Campaign  (30 January 1967 - 1 April 1968), the
Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968),
and the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1
November 1968).

16.  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 that, at the time of the
applicant’s assignment to D Company, 3rd Battalion, 22nd Infantry, the unit
received the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period August 1967 through August 1968, based on Department of the
Army General Order Number 48, dated 1971.

17.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to D Company, 3rd Battalion, 22nd Infantry, the
unit received the Republic of Vietnam Civil Actions Medal Unit Citation for
the period 1 August 1967 through 21 January 1970, based on Department of
the Army General Order Number 51, dated 1971.

18.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of the bronze service star, based on qualifying service,
for each campaign listed in Appendix B of this regulation.  A silver star
is worn instead of five bronze service stars.  The regulations state that
authorized bronze service stars will be worn on the appropriate service
medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for
shrapnel wounds received while he was in Vietnam.

2.  The statements by the Soldier and the applicant's company commander are
consistent in their contention that shrapnel from an RPG round wounded the
applicant and that he was treated in the field.

3.  While there is no record of the applicant being treated for a shrapnel
wound, his company commander, who was present during the incident, stated
that the applicant and two other Soldiers were wounded about the arms,
chests, and backs due to shrapnel from a RPG round that struck an armored
personnel carrier.  The commander further made the determination to defer
sending them back to a medical station due to the tactical situation.

4.  Based on the preponderance of evidence in this case it is reasonable to
conclude that the applicant was wounded as a result of hostile action.
Therefore, there is sufficient evidence upon which to base award of the
Purple Heart in this case.

5.  The applicant's military personnel records show he participated in four
campaigns during his service in Vietnam.  Therefore, he is entitled to four
bronze service stars to be worn on his Vietnam Service Medal.

6.  The applicant was serving with D Company, 3rd Battalion, 22nd Infantry
during the period the unit was cited for award of Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore the applicant is
entitled to Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant was serving with D Company, 3rd Battalion, 22nd Infantry
during the period the unit was cited for award of Republic of Vietnam Civil
Actions Medal Unit Citation.  Therefore the applicant is entitled to
Republic of Vietnam Civil Actions Medal Unit Citation.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 December 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
2 December 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

___jtm __  ____wtm_  ___wdp _ 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:

      a.  award of the Purple Heart on his for wounds sustained in the
Republic of Vietnam;

      b.  award of four bronze service stars to be worn on his Vietnam
Service Medal;


      c.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and


      d.  award of the Republic of Vietnam Civil Actions Medal Unit
Citation.





                            ____Walter T. Morrison_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005068                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050201                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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