RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 August 2005
      DOCKET NUMBER:  AR20050000126


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, the award of the Purple Heart (PH).

2.  The applicant states, in effect, that he received shrapnel wounds to
his right leg and face on 5 May 1969, while serving in the Republic of
Vietnam (RVN).

3.  The applicant provides a copy of his Separation Document (DD Form 214)
and Enlisted Qualification Record (DA Form 20) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 9 February 1971.  The application submitted in this case is dated 19
November 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 military records show that he enlisted into the Army
and entered active duty on 16 January 1968.  He trained in, awarded and
served in military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

4.  The applicant’s DA Form 20 confirms he served in the RVN from 26 March
1969 through 25 October 1970.  It also shows that during his RVN tour, he
was assigned to Company (Co) A, 1st Battalion (Bn), 503rd Infantry (Inf)
Regiment (Regt), 173rd Airborne (Abn) Brigade (Bde).  Item 40 (Wounds)
shows he received a metal fragment wound in his leg and nose on 5 May 1969.

5.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant
earned the following awards during his active duty tenure:  Army
Commendation Medal (ARCOM), Air Medal (AM), Combat Infantryman Badge (CIB),
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM),
Republic of Vietnam Campaign Medal with Device 1960 (RVNCM), Parachutist
Badge and Sharpshooter Qualification Badge with Rifle Bar.
6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
copies of the following Headquarters (HQ'), 173rd Abn Bde award orders:
General Orders (GO) Number (#) 2950, dated 24 December 1969, which awarded
him the AM;  GO # 2136, dated 3 September 1969, which awarded him the
ARCOM; and Special Orders (SO) # 150, dated 30 May 1969, which awarded him
the CIB.

7.  On 9 February 1971, the applicant was honorably discharged after
completing a total of 3 years and 24 days of active military service.  The
DD Form 214 he was issued upon his separation shows, in Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized), that he earned the NDSM.  There are no other awards
or decorations shown on this document.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search revealed an entry pertaining to the applicant that shows he was
wounded in action in the RVN in 1969.

9.  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 PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

10.  Paragraph 2-13 contains guidance on award of the Vietnam Service
Medal.  It states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the RVN.  A silver service star is used
in lieu of five bronze service stars to denote participation in five
campaigns.  Table B-1 contains a list of campaigns and it shows that during
the applicant’s tenure of assignment in the RVN, he was credited with
participating in the following five campaigns:  TET 69 Counteroffensive,
Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (Co A, 1st Bn, 503rd Inf Rgmt,
173rd Abn Bde) earned the RVN Gallantry Cross with Palm Unit Citation and
RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded in action while serving
in Vietnam was carefully considered and found to have merit.

2.  The applicant’s DA Form 20 contains an entry in Item 40 that shows he
was wounded in action in the RVN on 5 May 1969.  This entry is corroborated
by an entry on the Vietnam Casualty Roster, the official DA list of RVN
battle casualties, which confirms he was wounded in action in the RVN in
1969.  Thus, the regulatory burden of proof necessary to support award of
the PH has been satisfied in this case.

3.  In view of the facts of this case, it would be appropriate and serve
the interest of justice to award the applicant the PH, and add it to his
record and separation document at this time.

4.  The evidence of record also confirms the applicant was awarded the
ARCOM, AM, CIB, VSM, RVNCM, Parachutist Badge and Sharpshooter
Qualification Badge with Rifle Bar, as evidenced by the awards orders on
file in his MPRJ and DA Form 20 entries.  Therefore, these awards should
also be added to his record and DD Form 214 at this time.

5.  In addition, based on his service campaign participation in the RVN,
the applicant is entitled to RVN Gallantry Cross with Palm Unit Citation,
RVN Civil Actions Honor Medal First Class Unit Citation and 1 silver
service star with his VSM.  As a result, it would also be appropriate to
add these awards to his record at this time.

BOARD VOTE:

___JNS__  ___DJ __  __MJF__  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

That all of the Department of the Army records related to this case be
corrected by awarding the individual concerned the Purple Heart; by
amending Item 24 of his 9 February 1971 DD Form 214 by adding the Purple
Heart, Army Commendation Medal, Air Medal, Combat Infantryman Badge,
Parachutist Badge, Vietnam Service Medal with 1 silver service star,
Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, Sharpshooter Qualification Badge
with Rifle Bar; and by providing him a corrected separation document that
includes these changes.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000126                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/02/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OVERSEAS RETUNEE                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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