RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 MARCH 2005
      DOCKET NUMBER:  AR20040007034


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Susan 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 award of the Purple Heart.

2.  The applicant states he was not given the Purple Heart for wounds
received in combat and believes the error was overlooked.

3.  The applicant provides a copy of a 2002 letter from the United States
Armed Service Center for Unit Records Research on which he highlighted the
words "you received the CIB and that you were wounded in combat."  He also
submits a copy of a United States Army Vietnam Casualty Report which
indicates he was treated for a laceration to his arm from a "mine" on 7
August.  The year is not specified.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 February 1971.  The application submitted in this case
is dated
31 August 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.  Records available to the Board indicate that the applicant entered
active duty on 22 July 1969 and was assigned to F Troop, 17th Cavalry in
Vietnam in February 1970 where he performed duties as a scout observer and
gunner.  He was awarded the Combat Infantryman Badge and four awards of the
Army Commendation Medal prior to departing Vietnam in February 1971.

4.  The casualty report provided by the applicant indicates that he was
treated for a laceration to his arm at 2330 hours on 7 August.  The
document indicates that the wounded was "SC" (service connected) and that
the causative agent was a mine.  The incident occurred at 1850 hours and
the grid coordinates and location were also recorded on the report.

5.  The applicant’s name is among a list of individuals reported as combat
casualties during the Vietnam War.  That list confirms that the applicant
was wounded as a result of hostile action on 7 August 1970.

6.  The applicant was released from active duty on 23 February 1971.  There
is no indication he was ever awarded the Purple Heart.

7.  The August 2002 statement from the United States Armed Service Center
for Unit Records and Research indicated that they were able to verify that
the applicant was wounded in combat and provided the applicant the copy of
the Vietnam Casualty Report he submitted with his application to this
Board.  The statement indicated that the casualty report "confirms that you
sustained a wound resulting from a mine explosion during your Vietnam tour
of duty."

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (Vietnam Winter-
Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase
VII) during the applicant’s period of assignment.  Three bronze service
stars on the Vietnam Service Medal, which is recorded on his separation
document, should reflect his campaign participation.  The unit was also
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm
during his tenure with the organization.  The unit award was also omitted
from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in action on 7
August 1970 while in Vietnam and as such, is entitled to an award of the
Purple Heart.

2.  The evidence also confirms that he is entitle to three bronze service
stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.  His records should be corrected
accordingly.




BOARD VOTE:

___MM__  ___PM __  __SP ___  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:

      a.  by awarding him the Purple Heart; and


      b.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.




                            ______Melvin Meyer_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007034                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050329                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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