RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040011706


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Maria J. N. Troup             |     |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 award of the
Purple Heart.

2.  The applicant states that he was injured in a combat zone in the
Republic of Vietnam (RVN) and was not issued the Purple Heart due to an
error by the company clerk.

3.  The applicant provides:

      a.  Special Orders T-848, Department of the Air Force, 26th Casualty
Staging Flight, dated 23 December 1968.

      b.  A Physical Profile Record, dated 6 July 1970.

      c.  An undated document which shows the applicant was relieved from
the United States Army Vietnam (USARV) Casualty Company.

      d.  Special Orders Number 13, Headquarters, U.S. Army Personnel
Center Far East, dated 20 January 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 February 1971.  The application submitted in this case is
dated 10 August 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 record shows that he enlisted in the Regular Army on
12 February 1968.  He was trained and awarded the military occupational
specialty 71B20 (Clerk Typist) and the highest rank he attained while
serving on active duty was specialist four.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 5 August 1968 through 20 January 1969.
During his tour in Vietnam, he was assigned to Company A, 1st Battalion,
20th Infantry,
11th Infantry Brigade performing duties of a clerk typist.

5.  Item 38 (Record of Assignments) of the DA Form 20 show the applicant
was a patient at the 7th Field Hospital RVN effective 3 January 1969.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 contains no entry
indicating the applicant was wounded/injured in action.  However, item 40
shows evidence that two entries were made and then erased.  There are no
service medical records contained in the applicant’s military personnel
file.

7.  There are no General Orders in the available records which show the
applicant was awarded the Purple Heart.  There is no evidence in his
records that show he was wounded or treated for wounds as a result of
hostile action.

8.  On 11 February 1971, the applicant was honorably released from active
duty.
The DD Form 214 he was issued at the time confirms that he completed a
total of 3 years of active military service.  Item 24 (Decorations, Medals,
Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) shows that he earned National Defense Service Medal, the RVN
Campaign Medal with 1960 Device, and the Vietnam Service Medal (VSM).

9.  A search of the Department of the Army (DA) Vietnam Casualty Roster
revealed the applicant was wounded in action on 17 September 1968.

10.  The applicant provided medical documents which show that he was
medevaced to the RVN 7th Field Hospital for further medical treatment on
23 December 1968.

11.  The applicant submitted a Physical Profile Record, dated 6 July 1970
which shows he was medically qualified for duty with limitations.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the Purple Heart.  It states, in
pertinent part, that in order to award a Purple Heart,  there must be
evidence that the wound for which the award is being made was received as a
result of enemy action, the wound must have required medical treatment and
the medical treatment must have been made a matter of official record.

13.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized for each Vietnam campaign a member is credited
with participating in while serving in the Vietnam.

14.  Table 2-1 of the awards regulation contains a list of authorized
campaigns and it shows that during his assignment tenure, the applicant was
credited with participating in the Vietnam Counteroffensive Phase V and the
Vietnam Counteroffensive Phase VI.

15.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  In order to support award of the Purple Heart, there must be evidence
to show a member was wounded in action, was treated for the wound and a
record of this treatment must have been made a matter of official record.

2.  In this case, the evidence includes Special Orders provided by the
applicant and the DA Vietnam Casualty Roster which shows he was wounded in
action.  These documents confirm the applicant was medevaced while serving
in the RVN and that he was treated for injuries at the 7th Field Hospital,
RVN.  This satisfies the regulatory burden of proof necessary to support
award of the Purple Heart.  Therefore it would be appropriate to correct
his records to show this award.

3.  The record also confirms that based on his service and campaign
participation in the RVN, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation and two bronze service stars.  Therefore, it would be
appropriate to correct his records to show these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 February 1974.  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:

__KAN __  __WDP _  __MJNT _  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 him the Purple Heart for wounds received on 17 September
1968 while serving in the RVN; and

      b.  showing that based on his RVN service and campaign participation,
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and two bronze service stars to be worn on his Vietnam Service
Medal.










                                  ___Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011706                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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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