RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040011270


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 he was injured in Vietnam on 19 April 1970.

3.  The applicant provides a copy of Medical Board Proceedings, dated
19 August 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 November 1970, the date of his separation from active
duty.  The application submitted in this case is dated 6 December 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.  Records show the applicant enlisted on 5 September 1969.  He was
trained in, awarded and served in military occupational specialty (MOS)
11C10 (Infantry Fire Crewman)) and the highest rank he attained while
serving on active duty was specialist four/pay grade E-4.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries of wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.

6.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

7.  The applicant's name appears on the Vietnam Casualty Roster.  This
roster further shows the applicant was wounded as a result of hostile
action.

8. The applicant's records contain a DD Form 602 (Patient Evacuation Tag),
dated 27 April 1970 which shows he was diagnosed with multiple fragment
wounds to the left hand and foot.  This form also shows the applicant was
classified as a battle casualty.

9.  The applicant provided a copy of the Medical Board Proceedings, dated
19 August 1970.  These proceedings show the applicant sustained multiple
fragment wounds on his left hand and foot as a result of hostile action on
19 April 1970.

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 by a medical officer, and the medical treatment must have been
made a matter of official record.

11.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Winter-Spring 1970 campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Purple Heart for
injuries he sustained on 19 April 1970.

2.  The applicant's records clearly show he sustained multiple fragment
wounds to his left hand and foot as a result of hostile action.
Additionally, evidence shows the applicant received treatment for those
wounds.

3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to
correction of his records to show this foreign award.

4.  Records show that the applicant participated in a campaign during his
service in Vietnam.  Therefore is eligible for award of one bronze service
star to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 November 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:

_JRM___  _SLP___   _RLD    __  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 Gallantry Cross with Palm Unit Citation, and one bronze service
star to be affixed to his Vietnam Service Medal.





                                      ___Shirley L. Powell______
                                                 CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011270                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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