RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 June 2005
      DOCKET NUMBER:  AR20040006826


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, that the Purple Heart (PH) be added
to his separation document (DD Form 214).

2.  The applicant states, in effect, that he received the PH while in the
hospital in the Republic of Vietnam (RVN).  He further states that while
his DD Form 214 shows that he received fragment wounds in both legs while
serving in the RVN, it does not include the PH in the list of awards
contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that  occurred on 6 May 1970.  The application submitted in this case was
received on 9 September 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’s record shows that he was inducted into the Army of the
United States and entered active duty on 7 May 1968.  He was trained in and
awarded military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 4 October 1968 through 20 February 1969.  During
his RVN tour, he was assigned to Company B, 2nd Battalion, 39th Infantry.
Item 40 (Wounds) contains an entry that indicates he received fragment
wounds to both legs and his left wrist on 16 January 1969.  Item 38 (Record
of Assignments) shows that he was placed in a patient status 16 January
1969, and was ultimately medically evacuated to the United States on 16
February 1969.
5.  On 6 May 1970, the applicant was honorably separated at the expiration
of his term of service (ETS).  The DD Form 214 he was issued shows he
completed a total of 2 years of active military service and that he earned
the following awards: National Defense Service Medal, Vietnam Service Medal
with 2 bronze service stars, RVN Campaign Medal, Combat Infantryman Badge
and Expert Qualification Badge with Rifle Bar.

6.  Item 30 (Remarks) of the applicant’s DD Form 214 contains an entry that
indicates the applicant received fragment wound to both legs and his left
wrist on 16 January 1969, while serving in the RVN.  However, the PH was
not included in the list of authorized awards contained in Item 24.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
roster contains an entry that confirms the applicant was wounded in action
in the RVN on
16 January 1969.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 39th Infantry)
earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil
Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  The evidence of record includes a DA Form 20
entry showing he was wounded in action on 16 January 1969, while serving in
the RVN.  The DA Vietnam Casualty Roster contains an entry that
corroborates the fact the applicant was wounded in action while serving in
the RVN.  As a result, the regulatory burden of proof necessary to support
award of the PH has been satisfied in this case.  Thus, it would be
appropriate to award the applicant the PH and add it to his record at this
time.

2.  The evidence of record also confirms that based on his RVN service, he
is entitled to the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

___JNS     ___HOF _  ___LDS_  GRANT 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 awarding him the Purple Heart; by
showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation; and by providing him a corrected separation document that
includes these awards.




            ____John N. Slone________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040006826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/05/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]