RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 September 2005
      DOCKET NUMBER:  AR20040011410


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 military records to show award
of the Purple Heart for wounds sustained in Vietnam.

2.  The applicant states, in effect, that he was wounded as a result of
hostile action while serving in Vietnam.

3.  The applicant provides copies of: his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a Standard Form 93 (Report
of Medical History), dated 18 January 1973; a Casualty Report, date/time
group 190130ZAPR72; Medical Progress Notes, dated 28 September 1982; and, a
Department of Veterans Affairs Rating Decision, dated 27 May 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 2 February 1973.  The application submitted in this case is
dated 21 November 2004 and was received by the Board on 17 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 limitation 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 records show that he was inducted on 8 April
1971 and completed training in Military Occupational Specialty 76A10
(Supply Clerk).  He was then assigned to Vietnam where he served in
Military Occupational Specialty 11B10 (Light Weapons Infantryman) from
24 September 1971 to 6 May 1972 with Company D, 52d Infantry.  The
applicant then returned to Fort McClellan, Alabama where he was separated
under honorable conditions in pay grade E-2 on 2 February 1973.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; the Vietnam Campaign Medal; the
Marksman Marksmanship Badge with Rifle Bar; and, one overseas service bar.
No other awards or decorations are listed.
5.  The casualty report submitted by the applicant indicates that he
incurred minor shrapnel wounds to his leg during a mortar attack on 15
April 1972.

6.  The applicant’s name is listed on the Vietnam Casualty Roster.  The
entry shows that he was slightly wounded as a result of hostile action on
15 April 1972.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  Department of the Army General Orders Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

10.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Consolidation I; Consolidation II; and Vietnam
Cease-Fire.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in Vietnam on 15
April 1972, as a result of hostile action.  Therefore, he is entitled to
award of the Purple Heart and correction of his records to show this
decoration.

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

3.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result, he is
entitled to award of three bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.


BOARD VOTE:

___jtm___  ___wdp _  ___ljo___  GRANT 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:

      a. the Purple Heart, for wounds sustained as a result of hostile
action in the Republic of Vietnam on 15 April 1972;


      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and,


      c. three bronze service stars, to be affixed to the Vietnam Service
Medal.




            _________William D. Powers________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011410                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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