RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040010280


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Mr. Delia R. Trimble              |     |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 correction of his records to show awards of the
Purple Heart and the Silver Star.

2.  The applicant states, in effect, on 21 March 1967 he received shrapnel
wounds to his thumb and forearm during hostile action in Vietnam.  He
states that his medical records were destroyed during an enemy sapper
attack on the hospital that treated him for his wounds.  He further states
that as a result of serving in a combat environment in Vietnam he suffers
from hearing loss and tinnitus.

3.  The applicant states that he was recommended for the Silver Star by his
squad Sergeant for running ammunition back and forth from his bunker
position while wounded during an attack by enemy forces.

4.  The applicant provides six letters of support from fellow Soldiers;
three letters from a Member of Congress; four pages of the Headquarters,
25th Infantry Division, entitled Operational Report Lessons Learned 1
February - 30 April 1967; a five page list of Names and Addresses of former
members of A Company, 3rd Battalion, 25th Infantry Division; a letter from
the County of Rockland, Veterans Service Agency, dated 5 November 2002; a
letter from the National Personnel Records Center, dated 2 August 2004; and
a DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
13 December 1967.  The application submitted in this case is dated 26
October 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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing award of
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Silver Star under the provisions of Section 1130, Title 10, United States
Code.  He has been notified by separate correspondence of the procedures
for applying for the decoration under section 1130 and, as a result, it
will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted in the Army on 14 December 1965 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Infantryman).

5.  The applicant arrived in Vietnam and was assigned to A Company, 3rd
Battalion, 22nd Infantry, 4th Infantry Division on or about 22 September
1966.  This unit was re-designated A Company, 3rd Battalion, 22nd Infantry,
25th Infantry Division on 1 August 1967.  He departed Vietnam on or about
24 August 1967 after being credited with participating in two campaigns.

6.  The applicant's DD Form 214 for the period ending 13 December 1967
shows he was awarded the Vietnam Service Medal with one bronze service
star, the Republic of Vietnam Campaign Medal, the National Defense Service
Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship
Qualification Badge (Pistol), the Expert Marksmanship Qualification Badge
(Rifle), and the Expert Marksmanship Qualification Badge (M79 Grenade
Launcher).

7.  There are no general orders in the applicant’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
applicant's name is not listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant's DA Form 20 does not show he was
wounded and item 41 (Awards and Decorations) does not show award of the
Purple Heart.

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

10.  The applicant submitted six letters of support from former fellow
Soldiers assigned to his unit (four of them dated 1968).  The authors all
stated, in effect, that on or about 20 March 1967 the applicant's battalion
came under attack and that he received wounds from enemy fire.  They stated
the applicant was evacuated to a hospital and treated for his wounds.

11.  One of the six letters of support was from a former fellow Soldier,
dated 23 November 1968, that stated he served in the same platoon with the
applicant throughout his tour in Vietnam with A Company, 3rd Battalion,
22nd Infantry, 25th Infantry Division.  The author stated that on 21 March
1967 he, the applicant and four other Soldiers were in a bunker when their
position came under attack by enemy recoilless rifles or rocket propelled
grenades.  He stated that the applicant was wounded by shrapnel on his arm
and hand while engaged with the enemy.  The author continues that after the
battle the applicant was tagged as wounded in action and evacuated for
medical treatment.

12.  The applicant submitted a 4-page document from Headquarters, 25th
Infantry Division, entitled Operational Report Lessons Learned 1 February
through 30 April 1967.  The document shows that on 21 March 1967 enemy
forces tried to overrun the applicant's base.  His battalion was one of the
elements engaged in a fight with the enemy that caused United States forces
to receive 30 killed, 109 wounded, and vast enemy weapons captured.  The
casualties are not listed by name.

13.  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.

14.  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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), shows that, at the time of the applicant’s
assignment to the 3rd Battalion, 22nd Infantry, 25th Infantry Division, it
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period October 1966 through August 1967 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 22nd Infantry, 25th Infantry
Division, it was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period 1 August 1967 through
21 January 1970 based on Headquarters, Department of the Army General
Orders Number 51, dated 1971.
17.  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.

18.  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
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart and there is no evidence in his
records that shows he was treated for wounds as a result of hostile action.
 However, the 23 November 1968 statement submitted by a former fellow
Soldier assigned to the applicant's platoon who participated in the 21
March 1967 battle with the enemy, stated he was an eyewitness to the
applicant being wounded by enemy shrapnel during combat.

2.  The four page document from Headquarters, 25th Infantry Division,
entitled Operational Report Lessons Learned 1 February - 30 April 1967
shows that on 21 March 1967 enemy forces tried to overrun the applicant's
base and his battalion was one of the elements engaged in a fight with
enemy, suffering heavy casualties (109 wounded).

3.  The Board accepts the evidence provided by the applicant as sufficient
to show he is entitled to award of the Purple Heart for wounds sustained
during hostile action on 21 March 1967 in Vietnam.

4.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 14 December
1965 through 13 December 1967.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, his DD Form 214 should be amended to add these unit
awards.

6.  The applicant’s participation in two campaigns entitles him to two
bronze service stars to be worn on his Vietnam Service Medal.
7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 December 1967.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 December 1970.  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:

__ RJW_  __ KWL__  __ DRT _  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 21 March
1967;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 14 December 1965 through 13 December 1967; 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 and two bronze service stars to be worn on his Vietnam
Service Medal.




                                  __ Mr. Raymond J. Wagner___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040010280                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |16 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.                      |                                        |


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