RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009775


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, as the wife of the deceased former service member (FSM),
requests correction of her late husband's records to show award of the
Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded in Vietnam
and later discharged at Fort Gordon, Georgia without receiving a Purple
Heart.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge); a Certificate of Death, dated 12 February
1996; a copy of a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 12
December 1968; and a State of Georgia Marriage Certificate, dated 9 March
1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 February 1996, the date of the FSM's death.  The application
submitted in this case is dated 2 November 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 FSM was inducted on 6 September 1967 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty 13B (Field Artillery Crewman).

4.  The FSM arrived in Vietnam and was assigned to Battery A, 6th
Battalion, 15th Artillery, 1st Infantry Division on or about 22 February
1968.  He departed Vietnam on 14 December 1968 after being credited with
participating in four campaigns.

5.  The FSM was honorably separated from active duty on 10 July 1969 for
physical disability.

.
6.  The FSM's DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with/device
1960, and the Marksmanship Qualification Badge (Rifle).

7.  There are no general orders in the FSM’s service personnel records that
show he was awarded the Purple Heart.  There also is no evidence in his
service personnel records that shows that he was wounded or treated for
wounds as a result of hostile action in Vietnam.  The FSM's name is not
listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the FSM's DA Form 20 (Enlisted Qualification
Record) does not show the FSM was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

9.  The FSM's Army Medical Treatment Records are unavailable.

10.  The applicant submitted a copy of a DA Form 8-275-2 that shows the FSM
was admitted to the 249th General Hospital on 7 December 1968.  Item
23 (Diagnosis) of the form shows that the FSM sustained fragmentation
wounds to the left shoulder and hip.  He was hit by hostile forces mortar
fragments on 30 November 1968.  Item 25 (Selected Administrative Data) of
the form states, among other information, "Purple Heart not awarded by this
facility."

11.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), shows that, at the time of the FSM’s
assignment to the 6th Battalion, 15th Artillery, it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 12 July 1965 through 16 October 1968 based on Headquarters,
Department of the Army General Orders Number 21, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
FSM’s assignment to the 6th Battalion, 15th Artillery, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period May 1967 through April 1968 based on Headquarters,
Department of the Army General Orders Number 53, dated 1970.


14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
FSM’s assignment to the 6th Battalion, 15th Artillery, it was cited for
award of the Meritorious Unit Commendation for the period 1 January 1968
through 31 January 1969 based on Headquarters, Department of the Army
General Orders Number 36, dated 1970.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 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 request
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the FSM’s service personnel records which show
that he was awarded the Purple Heart and there is no evidence in his
personnel records that shows he was treated for wounds as a result of
hostile action.  However, the applicant submitted the Clinical Record Cover
Sheet, dated 12 December 1968, that shows the FSM was wounded by hostile
forces mortar fragments.

2.  The Board accepts the evidence provided by the applicant as sufficient
to show the FSM is entitled to award of the Purple Heart for wounds
sustained during hostile action on 30 November 1968 in Vietnam.

3.  It appears the FSM has met the regulatory requirements for award of the
Army Good Conduct Medal for a qualifying period from 6 September 1967
through 10 July 1969.
4.  The FSM was assigned to a unit during a period of time that unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Meritorious Unit Commendation.  Therefore, his DD Form
214 should be amended to add these unit awards.

5.  The FSM’s participation in four campaigns entitles him to four bronze
service stars to be worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 February 1996.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 February 1999.  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:

__MHM__  __EL____  __CAK__  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:

      a.  awarding him the Purple Heart for wounds sustained on 30 November
1968;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 6 September 1967 through 10 July 1969; and




      c.  amending his DD Form 214 to show award of the Purple Heart, the
Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the Meritorious Unit Commendation, and four bronze
service stars to be worn on his Vietnam Service Medal.




                            ____ Mr. Melvin H. Meyer ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009775                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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