RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 June 2005
      DOCKET NUMBER:  AR20040007258


      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. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 (PH).

2.  The applicant states, in effect, that the PH he is entitled to for
being wounded in action in the Republic of Vietnam (RVN) sometime in 1968
is not included in the list of awards contained on his separation document
(DD Form 214).

3.  The applicant provides a copy of his 15 November 1968 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 16 May 1975.  The application submitted in this case is
dated
4 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 and
entered active duty on 17 November 1966.  He was trained in, awarded and
served in military occupational specialty 11B (Infantryman) and the highest
rank he attained during this period of active duty service was sergeant
(SGT).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) for this
period of active duty service shows he served in the RVN from 3 May 1967
through
29 April 1968.  During his RVN tour, he was assigned to Company B,
3rd Battalion, 21st Infantry Regiment.  He performed duties in MOS 11B, as
a rifleman, squad leader and team leader, and Item 40 (Wounds) contains an
entry that indicates he received a fragmentation wound to the right leg on
19 March 1968.  The PH is not included in the list of awards contained in
Item 41 (Awards and Decorations).

5.  The Report of Medical History (SF 89) prepared by the applicant on
21 October 1968, during the separation physical examination process,
contains a comment from the examining doctor in the physician’s summary
portion of the form that indicates the applicant received a fragmentation
wound to the right thigh in March 1968.

6.  On 15 November 1968, the applicant was honorably released from active
duty at the expiration of his term of service (ETS).  At the time, he had
completed
1 year, 11 months and 29 days of active military service and held the rank
of SGT.

7.  The DD Form 214 issued to the applicant upon his separation on
15 November 1968 shows he earned the following awards during this period of
active duty service:  National Defense Service Medal (NDSM), Combat
Infantryman Badge (CIB), Vietnam Service Medal (VSM) with 3 bronze service
stars, RVN Campaign Medal, Marksman Qualification Badge with Rifle Bar and
1st Class Gunner Badge with Machine Gun Bar.  The PH was not included in
the list of authorized awards.

8.  On 7 January 1969, the applicant enlisted in the Regular Army and
reentered active duty in MOS 11B.  The DA Form 20 prepared on him for this
period of active duty service shows he completed an additional tour of
service in the RVN from 2 August 1971 through 26 February 1972.  During
this RVN tour, he was again assigned to Company B, 3rd Battalion, 21st
Infantry Regiment.  Item 40 is blank and contains no entry indicating he
was wounded in action during this tour of duty.  Item 41 does not include
the PH in the list of authorized awards.

9.  On 17 February 1972, the applicant was placed in a patient status and
he was ultimately medically evacuated to Fort Benning, Georgia on 26
February 1972.

10.  On 16 May 1975, the applicant was separated under the provisions of
chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and
received an undesirable discharge.  At the time, he had completed a total
of 8 years and
3 days of active military service and had accrued a total of 126 days of
time lost due to being absent without leave (AWOL) and in confinement.
11.  The DD Form 214 he was issued upon his 16 May 1975 separation shows
that he earned the following awards:  NDSM, VSM with 5 bronze service
stars,
3 Overseas Bars, Army Good Conduct Medal (2nd Award), RVN Campaign Medal
and Sharpshooter Qualification Badge with Rifle Bar.  The PH is also not
included in the list of authorized awards contained in this separation
document.

12.  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.

13.  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.

14.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM.  It states, in pertinent part, that a bronze service star is
authorized with this award for each RVN campaign a member is credited with
participating in.  A silver service star is used in lieu of 5 bronze
service stars to denote participation in five campaigns.

15.  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 (3rd Battalion, 21st Infantry
Regiment) earned the Navy Unit Commendation and RVN Gallantry Cross with
Palm Unit Citation.  It also shows that during his two separate periods of
service in the RVN, he was credited with participating in the following six
campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive
Phase III,
TET Counteroffensive, Vietnam Counteroffensive Phase IV, Consolidation I
and Consolidation II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence that a member was wounded in action, was treated
for the wound by military medical personnel and a record of this treatment
must have been made a matter of official record.
2.  Item 40 of the applicant’s DA Form 20 contains an entry indicating that
he was wounded in action on 19 March 1968, when he received a fragmentation
wound to the right leg.  This record entry is corroborated by a physician’s
entry on the Record of Military History prepared during his separation
processing in 1968.  This entry indicates the applicant received a shrapnel
wound to the right thigh in March 1968 and serves as an official record of
his treatment for this wound.  The applicant’s name is also included in the
Vietnam Casualty Roster, the official DA list of RVN battle casualties.
Therefore, the regulatory burden of proof necessary to support award of the
PH has been satisfied in this case, and it would be appropriate to award
the applicant the PH at this time.

3.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is entitled to the Navy Unit Commendation, RVN
Gallantry Cross with Palm Unit Citation; and to 1 silver service star and 1
bronze service star with his VSM.  Thus, it would also be appropriate to
add these awards to his record at this time.

BOARD VOTE:

___RLD _  __TAP __  ___MJF_  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 Navy Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation and to 1 silver service star and 1
bronze service star with his Vietnam Service Medal; and by providing him a
corrected separation document that includes these awards.




            ____Robert L. Duecaster____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007258                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/23                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1975/05/16                              |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |In Lieu of CM                           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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