RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 June 2005
      DOCKET NUMBER:  AR20050000112


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’shaughnessy Jr.   |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, in effect, that on 6 April 1967 he received
shrapnel wounds to his right upper arm, forehead, and scalp during hostile
action in Vietnam.  He continues that he was treated for his wounds at a
field hospital.  He further states that as a result of serving in Vietnam
he suffers from nightmares of the things that he saw and did.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge); a SF Form 600 (Chronological Record of
Medical Care), with a beginning dated 6 April 1967; a DA Form 20 (Enlisted
Qualification Record), and a two page document from the Department of
Veterans Affairs with a received date of 9 December 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1968.  The application submitted in this case is
dated 20 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 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 was inducted in the Army on 1 February 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 13E (Intelligence Assistant).

4.  The applicant arrived in Vietnam and was assigned to B Battery, 1st
Battalion, 8th Artillery on or about 7 March 1967.  He departed Vietnam on
or about 19 January 1968 after being credited with participating in two
campaigns.




5.  On 22 January 1968, the applicant was honorably released from active
duty and transferred to the United States Army Reserve Control Group.

6.  The applicant's DD Form 214 for the period ending 22 January 1968 shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter
Marksmanship Qualification Badge (M-14 Rifle).

7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.

8.  The applicant's name appears on the Vietnam Casualty Roster that shows
he was wounded on 6 April 1967 and treated as a result of hostile action in
Vietnam.

9.  Item 40 (Wounds) of the applicant's DA Form 20 shows "Fragment Wound
(FW) right upper arm" on 6 April 1967.  Item 41 (Awards and Decorations)
does not show award of the Purple Heart.

10.  The applicant provided a SF Form 600 (Chronological Record of Medical
Care) that shows he was treated at a field hospital in Vietnam for
receiving a wound to his right arm on 6 April 1967.

11.  The applicant provided a two page document from the Department of
Veterans Affairs that shows he was being evaluated for service connected
injuries.

12.  Department of the Army, Headquarters, 25th Infantry Division General
Orders Number 294, dated 21 January 1968 show that the applicant was
awarded the Army Commendation Medal for the period March 1967 through
January 1968.

13.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 1st Battalion, 8th Artillery, it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period January 1966 through August 1968 based on Headquarters, Department
of the Army General Orders Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 8th Artillery, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 31 March 1966 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for 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.

18.  Army Regulation 600-8-22 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam Casualty Roster as
wounded due to hostile action.  His DA Form 20 shows that he received a
wound to his upper right arm and medical evidence provided by him shows
that he was treated for a wound to his right arm.

2.  Based on all of the foregoing, it is clear that the applicant was
wounded as a result of hostile action and was treated for the wound.
Therefore, the applicant is entitled to award of the Purple Heart for a
wound sustained as a result of hostile action on 6 April 1967.

3.  The applicant is eligible for the first award of the Good Conduct Medal
based on completion of qualifying service from 1 February 1966 through 22
January 1968 ending with termination of a period of Federal military
service.
4.  General Orders show the applicant was awarded the Army Commendation
Medal.  He was assigned to a unit during a period of time that unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  He is authorized two bronze service stars to be worn on his
Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add
these awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 January 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 January 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_ MMD __  __ TEO _  __YM ___  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 sustained on 6 April
1967;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 1 February 1966 through 22 January 1968; and













      c.  amending his DD Form 214 to show award of the Purple Heart, the
Army Good Conduct Medal, the Army Commendation Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and two bronze service
stars to be worn on his Vietnam Service Medal.




                            __ Ms. Melinda M. Darby __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000112                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Mr. Schneider                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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