RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040011036


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he is entitled to award of the
Purple Heart based on wounds he received on 22 or 23 February 1969, while
serving under hazardous conditions in the Republic of Vietnam.  The
applicant further states that he was firing a 60 millimeter mortar when the
round went off prematurely in the chamber and injured his hands.  He now
wishes to set the record straight, if warranted.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 August 1970, the date of his release from active duty.  The
application submitted in this case is dated 28 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's military service record shows that he enlisted in the
U.S. Army on 14 August 1967.  Upon completion of basic combat training,
advanced individual training, and basic airborne training, the applicant
was awarded military occupational specialty (MOS) 91A1P (Medical Corpsman).

4.  The applicant's military service record shows that he was assigned to
Special Operations Augmentation (Command & Control), 5th Special Forces
Group (Airborne), 1st Special Forces in Vietnam, from 12 October 1968
through
25 February 1969.  On 26 February 1969, he was medically evacuated and
transferred to the Medical Holding Detachment, U.S. Army Hospital, Fort
MacArthur, California.  He was separated from the U.S. Army under honorable
conditions on 13 August 1970 after serving on active duty for a total of 3
years.


5.  The applicant's military service record contains a Standard Form 502
(Clinical Record), dated 25 July 1969, which shows that he "sustained
fragment wounds of both hands from a laminating flare round that exploded
in the mortar chamber on 22 February 1969."

6.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  His DA Form 20 (Enlisted
Qualification Record) does not show an entry in Item 40 (Wounds) or list
the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name
is not listed on The Adjutant General Office, Casualty Division's Vietnam
Casualty Roster.

7.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows that he
served in the Republic of Vietnam from 5 October 1968 through 25 February
1969.  Item 39 (Campaigns) of this document shows that he participated in
the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
and Tet 69 Counteroffensive campaigns.

8.  The applicant's military service records contain Standard Form 88
(Report of Medical Examination), dated 13 August 1970, which was completed
in conjunction with his separation processing.  Item 73 (Notes and
Significant or Interval History) of this document shows that the applicant
indicated that he had been wounded while serving in Vietnam by entering in
his own hand, "Wounded Right & Left Hand in RVN Feb 23, 68."

9.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Good Conduct Medal, Parachute Badge, Meritorious
Unit Citation, Combat Infantryman Badge, Vietnam Service Medal, Vietnam
Campaign Medal, and Vietnam Cross of Gallantry with Palm.

10.  The applicant provides no documentary evidence in support of his
application.

11.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) confirms that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and
Tet 69 Counteroffensive campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to Special Operations Augmentation (Command &
Control), 5th Special Forces Group (Airborne), 1st Special Forces, the unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class unit citation by Headquarters, Department of the Army, General
Orders Number 48, 1971.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.  The Army regulation also provides, in
pertinent part, for award of the Purple Heart to individuals wounded or
killed as a result of “friendly fire” in the “heat of battle” as long as
the “friendly” projectile or agent was released with the full intent of
inflicting damage or destroying enemy troops or equipment.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

16.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class unit citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was wounded when a round from a 60 millimeter
mortar that he was firing went off in the chamber prematurely and injured
his hands.

2.  There is no evidence the applicant was awarded the Purple Heart.

3.  There is medical evidence of record which shows that the applicant was
wounded on 22 February 1969 from a laminating flare round that exploded
prematurely in the chamber of the mortar he was firing.

4.  Evidence of records indicates that the "friendly" projectile that
wounded the applicant was released with the intent of inflicting damage or
destroying enemy troops or equipment when it prematurely exploded in the
mortar chamber and injured the applicant.

5.  The change to the Purple Heart award criteria, authorizing the award to
individuals wounded or killed as a result of "friendly fire" in the heat of
battle", occurred subsequent to the applicant's period of service.
Consequently, this would account for the absence of entries in Item 40
(Wounds) and Item 41 (Awards and Decorations) of the applicant's DA Form
20.

6.  Based on evidence of records, the applicant is authorized award of the
Purple Heart.  Therefore, he is entitled to correction of his records to
show award of the Purple Heart.

7.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class unit citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 August 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
31 July 1973.  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:

__JEA __  __BPI ___  __MJF __  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 showing award of the Purple Heart, the
Vietnam Service Medal with three bronze service stars, and the Republic of
Vietnam Civil Actions Honor Medal First Class unit citation.




                                  ____James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011036                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700813                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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