RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010466


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Myer                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 award of the
Purple Heart.

2.  The applicant states that he was wounded and treated for an injury
while serving in the Republic of Vietnam (RVN).  He further states that he
was not awarded the Purple Heart for his injuries.

3.  The applicant provides:

      a.  A Standard Form 600 (Chronological Record of Medical Care),
dated 18 June 1967.


      b.  A Clinical Record Consultation Sheet, dated 19 June 1967.


      c.  A Standard Form 600, dated 19 June 1967.


      d.  Page 4 of a DA Form 20 (Enlisted Qualification Record).


      e.  A copy of his 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 alleged error which
occurred on
5 July 1968.  The application submitted in this case is dated 5 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 applicant was inducted into the Army of the United States on 7 July
1966.  He completed combat and advanced individual training and was awarded
the military occupational specialty (MOS) 64B20 (Heavy Duty Truck Driver).
The highest rank the applicant attained while serving on active duty was
specialist four.
4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the Republic of Vietnam (RVN) from 20 November 1966
through
19 November 1967.  During his RVN tour, he was assigned to the Headquarters
and Headquarters Company, 2nd Battalion, 27th Infantry, United States Army
Pacific (USAPAC).

5.  Item 40 (Wounds) of the DA Form 20 contains the entries “FW [Fragment
Wound] Nose & Lac [Lacerations] Forehead 18 June 1967.”

6.  On 5 July 1968, the applicant was honorably released from active duty.
The DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) he was issued at the time confirms that he completed a total of
1 year, 11 months, and 29 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations, and Campaign
Ribbons Awarded or Authorized) shows that he earned the National Defense
Service Medal, the Vietnam Service Medal (VSM), the RVN Campaign Medal, and
the Good Conduct Medal.  The Purple Heart is not among the awards listed in
this section.

7.  The applicant’s records contain a Standard Form 600 (Chronological
Record of Medical Care), from the 12th Evacuation Hospital, dated 17 June
1967.  This document shows that the applicant was treated for a probable
“non-displaced nasal bone fracture” and swelling over the bridge of his
nose.

8.  The applicant’s records contain a Radiographic Report from the 12th
Evacuation Hospital, dated 18 June 1967 which shows that the applicant
was in a truck which struck a mine.  Medical records also show that on 19
June 1967, the applicant was treated for pain caused by his nose wound

9.  The applicant’s name is listed on the Vietnam Casualty Roster.

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

11.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and it states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the RVN.  Table B-1 contains a list of
campaigns and it shows that during the applicant’s tenure of assignment in
the RVN, he was credited with participating in the Vietnam Counteroffensive
Phase II and the Vietnam Counteroffensive Phase III.
12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit for service in RVN.  It confirms that during his
tenure of assignment in the RVN, the applicant’s unit, Headquarters and
Headquarters Company, 2nd Battalion, 27th Infantry, 25th Infantry Division
earned the RVN Civil Actions Honor Medal First Class and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  In order to award the Purple Heart, it is necessary to establish that a
Soldier was wounded as a result of enemy action, that the wound required
treatment by a medical officer, and that the record of medical treatment
was made a matter of official record.

2.  Medical records from the 12th Evacuation Hospital show the applicant
was wounded and received medical treatment on 18 June 1967.  The
applicant’s name is listed on the Vietnam Casualty Roster.  This evidence
is sufficient to correct the applicant’s records to show award of the
Purple Heart.

3.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to award of the RVN Civil Actions
Honor Medal First Class and the RVN Gallantry Cross with Palm Unit Citation
and two bronze service stars for his participation in two campaigns.
Therefore, it would be appropriate to correct applicant’s records to show
these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 July 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__MHM  _  __JTM __  __JBG __  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 received on 18 June 1967
while serving in the RVN;


      b.  showing that based on his RVN service and campaign participation,
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and
2 bronze service stars to be worn on his Vietnam Service Medal.




                            _____Melvin H. Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010466                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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