RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 July 2005
      DOCKET NUMBER:  AR20040011627


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. James 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 award of the Purple Heart.

2.  The applicant states that he was injured in Vietnam by enemy fire and
that he did not receive the Purple Heart.

3.  The applicant provides two service medical records dated August 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 March 1971.  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 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 was inducted on 6 August 1969.  He served as an
infantryman assigned to Troop F, 17th Cavalry, 196th Infantry Brigade in
Vietnam from
8 March 1970 through 4 March 1971.  On 9 March 1971, the applicant was
released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal,
the Bronze Star Medal, and the Expert Marksmanship Qualification Badge with
Rifle Bar as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, the applicant provided a service medical
record, dated
13 August 1970, which shows he sustained a fragment wound to his left
forearm one week prior to that date.  An entry, dated 16 August 1970, on
this service medical record shows the applicant was wounded as a result of
a mine explosion.

6.  Headquarters, 23d Infantry Division General Orders Number 1730, dated
11 February 1971, show the applicant received the first award of the Good
Conduct Medal for the period 6 August 1969 to 9 March 1971.
7.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

8.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

9.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence provided by the applicant which shows that he
sustained a fragment wound to his left forearm as a result of a mine
explosion on approximately 6 August 1970 in Vietnam is accepted as
sufficient evidence on which to base award of the Purple Heart.

2.  Orders show the applicant received the first award of the Good Conduct
Medal.

3.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

BOARD VOTE:

WP_____  LB______  JG______  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:

      a.  awarding him the Purple Heart for wounds received in action on
approximately 6 August 1970 in Vietnam; and

      b.  amending his DD Form 214 to add award of the Purple Heart and to
show that he was awarded the Good Conduct Medal, the Vietnam Service Medal
with three bronze service stars, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.



            ___William Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011627                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]