RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040010642


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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 (1st Oak Leaf Cluster) and the Bronze Star Medal with "V"
Device (1st Oak Leaf Cluster).

2.  The applicant states, in effect, on 6 May 1968 he was wounded during
hostile action in Vietnam.

3.   The applicant provides a DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) with the ending period 14 February
1969; a DD Form 215 (Correction to DD Form 214, Report of Separation from
Active Duty); Department of the Army, Headquarters, Americal Division
General Orders Number 4425, dated 17 July 1968; Department of the Army,
Headquarters, Americal Division General Orders Number 3362, dated 24 June
1968; and Department of the Army, Headquarters, Americal Division General
Orders Number 2673, dated 21 May 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 February 1969.  The application submitted in this case is
dated 16 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 on 5 January 1967 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty 11C (Infantryman Indirect Fire Crewman).

4.  The applicant arrived in Vietnam and was assigned to C Company, 3rd
Battalion, 21st Infantry, 196th Light Infantry Brigade on 25 June 1967.

5.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart (1st Oak Leaf Cluster).

6.  Department of the Army, Headquarters, Americal Division General Orders
Number 2673, dated 21 May 1968 show that the applicant was awarded the
Purple Heart (1st Award) for wounds received in connection with military
operations against a hostile force on 2 May 1968.

7.  Department of the Army, Headquarters, Americal Division General Orders
Number 4425, dated 17 July 1968 show that the applicant was awarded the
Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism  in
connection with military operations against a hostile force on 2 May 1968.

8.  The applicant's name appears on the Vietnam Casualty Roster for
receiving a wound from hostile forces on 6 May 1968.  Records show that he
was medically evacuated from Vietnam on 13 May 1968 and sent to Japan for
surgery to his right eye.

9.  On 25 October 1968, the applicant received a Medical Board examination
at the Valley Forge General Hospital, Phoenixville, Pennsylvania.  The
Medical Board proceeding shows that on 6 May 1968 he was wounded in his
right eye by an enemy explosive device.

10.  On 14 February 1969, the applicant was retired in the rank of
Sergeant/E-5 from the Army for disability after completing 2 years, 1
month, and 10 days of creditable active service.

11.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with Device 60, the Combat Infantryman Badge, the Purple Heart, the
Bronze Star Medal, the "Expert Infantry Mortar," and the Sharpshooter
Marksmanship Qualification Badge (Rifle).

12.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows the entry "Shrapnel Wound" with the date of wound missing.
Item 41 (Awards and Decorations) does not show award of the Purple Heart
(1st Oak Leaf Cluster).

13.  A DD Form 215, dated 29 April 1975, was issued to the applicant which
amended item 24 of his DD Form 214 by deleting the Vietnam Service Medal
and the Vietnam Campaign Medal with Device 60 and by adding the Silver
Star, the Vietnam Service Medal with one silver service star, and the
Republic of Vietnam Campaign Medal with Device (1960).



14.  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.
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 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 (1st Oak Leak Cluster).  However,
his name appears on the Vietnam Casualty Roster and records show that he
was wounded a second time by hostile forces and treated for his wounds.

2.  The evidence shows the applicant is eligible for award of the Purple
Heart (1st Oak Leaf Cluster) for wounds sustained during hostile action on
6 May 1968 in Vietnam.  Therefore, his DD Form 214 should be amended to add
this award.

3.  Evidence of record shows the applicant was awarded the Bronze Star
Medal with "V" Device (1st Oak Leaf Cluster).  It appears the applicant has
met the regulatory requirements for award of the Army Good Conduct Medal
(1st Award) for the period 5 January 1967 through 14 February 1969.  These
awards should be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 February 1972.  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:

__ TSK  _  __ JTM  _  __ LF ___  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 the Purple Heart (1st Oak Leak Cluster) for wounds
received on 6 May 1968;
      b.  awarding the Army Good Conduct Medal for the period 5 June 1967
through 14 February 1969; and

      c.  amending his DD Form 214 for the period ending 14 February 1969
to add awards of the Purple Heart (1st Oak Leaf Cluster), the Bronze Star
Medal with "V" Device (1st Oak Leaf Cluster), and the Good Conduct Medal
(1st Award).




                                  __ Mr. Ted S. Kanamine __
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200400010642                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 July 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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