RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2004
      DOCKET NUMBER:  AR2004104493


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert J. Osborn, II          |     |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 her deceased husband, a former service
member (FSM), be awarded the Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded at least
twice between 1967 and 1969.

3.  The applicant provides in support of her request:

      a.  Copy of an undated letter written to the FSM by a Major General in
which the General wishes him a speedy recovery from his wounds.


      b.  Marriage Certificate from Washoe County, Nevada showing the FSM
and the applicant were married on 17 June 1973.


      c.  Certificate of Death from the Department of Social and Health
Services, Chehalis, Washington, dated 25 July 1985, showing the FSM died on
23 July 1985.  The applicant's name is again shown as the wife of the FSM.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
20 January 1971.  The application submitted in this case is dated 14
February 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 FSM's failure to timely file.

3.  The FSM's records show he enlisted in the Regular Army on 2 October
1968. He completed the training requirements and was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 13 March 1969, the FSM was assigned to Vietnam for duty as an
infantryman with Company B, 1st Battalion (Mechanized), 16th Infantry, 1st
Infantry Division.  He remained assigned to this unit until he returned to
the United States on 10 March 1970.

5.  The FSM's DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he was honorably separated on 20 January 1971.
 In Item 24 (Decorations), it shows he was awarded the Bronze Star Medal,
Army Commendation Medal, National Defense Service Medal, Vietnam Service
Medal with three bronze service stars, Vietnam Campaign Medal with 60
Device, and the Combat Infantryman Badge.  The PH is not shown as an
authorized award.

6.  General Orders Number 9654, dated 31 August 1969, Headquarters, 1st
Infantry Division, awarded the FSM the Bronze Star Medal with V Device for
valor.  The citation portion of the order states that on 20 May 1969 ". . .
the lead track [armored personnel carrier] was suddenly subjected to
intense enemy automatic weapons and rocket-propelled grenade fire which
wounded [FSM]."

7.  The FSM's DA Form 20 (Enlisted Qualification Record) shows that he
received fragment wounds to the back and buttocks on 20 May 1969.  His name
also appears on the Vietnam Casualty List, a compilation of all casualties
during the Vietnam War.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides in pertinent part, that the PH
is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  (1) the wound was
the result of hostile action; (2) the wound required medical treatment; and
(3) the medical treatment was made a matter of official record.

9.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, an OSB is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.  The FSM is authorized two OSB's
for his service in Vietnam from 13 March 1969 to 10 March 1970.

10.  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 unit to which the FSM was
assigned was cited for award of the Vietnam Gallantry Cross Unit Citation
with Palm for the period of service from April to October 1969 by
Department of the Army General Order (DAGO) Number 2, dated 1971.  It also
shows that the unit was awarded the Vietnam Civil Actions Honor Medal,
First Class for the period of service from October 1965 to 7 April 1970 by
DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's DA Form 20, the Vietnam Casualty List, and General Orders
Number 9654, dated 31 August 1969, are all official documents and are
sufficient to support correcting the FSM's DD Form 214 to show award of the
PH.

2.  The evidence available is also sufficient to correct the FSM's DD Form
214 to show award of two OSB's, the Vietnam Gallantry Cross Unit Citation
with Palm and the Vietnam Civil Actions Honor Medal, First Class for his
service in Vietnam from 13 March 1969 to 10 March 1970.

3.  The evidence of record also shows that the FSM's Bronze Star Medal was
awarded with a V Device, denoting a valorous act.  His DD Form 214 should
be corrected to show the V Device.

BOARD VOTE:

___fe___  __jtm___  __rjo___  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 the Bronze Star Medal
with V Device, the Purple Heart for wounds received on 20 May 1969, two
OSB's, the Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam
Civil Actions Honor Medal, First Class.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104493                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0079                                |
|3.                      |107.0094                                |
|4.                      |107.0095                                |
|5.                      |                                        |
|6.                      |                                        |

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