RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 August 2004
      DOCKET NUMBER:  AR2004100324


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis L. Greenway            |     |Member               |
|     |Mr. William D. Powers             |     |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 that his report of separation (DD Form 214) be
corrected to reflect his award of the Purple Heart.

2.  The applicant states that he was wounded in Vietnam on 23 February 1968
and his Purple Heart was not included on his DD Form 214 at the time of his
separation.  However, the fact that he was wounded is included in the
remarks section.  He goes on to state that he rightfully earned the Purple
Heart and it should be reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a DD Form 215
(correction to DD Form 214) dated 30 September 2003, which added an award
of the Bronze Star Medal with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 September 1968.  The application submitted in this case is
dated 24 October 2003.

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 prior service enlisted personnel records were not
available for review.  However, his United States Army Reserve (USAR)
Warrant Officer records contain an original copy of his DD Form 214, dated
20 September 1968.

4.  The available records show that he was inducted on 22 September 1966.
He completed his training as a light weapons infantryman and was
transferred to Vietnam on 4 March 1967.

5.  He was promoted to the rank of sergeant on 1 January 1968 and was
wounded in action on 23 February 1968, when he received fragmentation
wounds to the back and arms.  He is also listed on the Vietnam Casualty
Listing.

6.  He departed Vietnam on 3 March 1968 and was transferred to Fort
Campbell, Kentucky, where he remained until he was honorably released from
active duty on 20 September 1968, due to the expiration of his term of
service (ETS).  He had served 1 year, 11 months and 29 days of total active
service and was awarded the National Defense Service Medal, the Vietnam
Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army
Commendation Medal, the Combat Infantryman Badge, and the Bronze Star Medal
with "V" Device.  His DD Form 214 issued at the time of his REFRAD
indicates his wounds in the remarks section of that form.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound/injury sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that the
wound/injury was a result of hostile action, that the wound/injury must
have required treatment by a medical officer, and that the medical
treatment was made a matter of official record.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.
 Additionally, he participated in three campaigns while in Vietnam and is
entitled to receive three bronze service stars for wear on his already
awarded VSM, to denote his campaign participation.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence in the available records to show that the
applicant was in fact awarded the Purple Heart, there is sufficient
evidence to show that he was wounded in Vietnam while serving as a light
weapons infantryman.

2.  Therefore, it is reasonable to presume that he was awarded the Purple
Heart and should have it added to his DD Form 214 as he requests.

3.  Additionally, the applicant's unit was subsequently awarded the RVNGC
w/Palm Unit Citation and he participated in three campaigns while in
Vietnam.  Accordingly, he is entitled to be awarded the RVNGC w/Palm Unit
Citation and three bronze service stars for wear on his already awarded
VSM.
BOARD VOTE:

___fe___  __clg___  __wdp___  GRANT 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 that he was awarded the Purple
Heart and by awarding him the RVNGC w/Palm Unit Citation and three bronze
service stars for wear on his VSM.




                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100324                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040819                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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