RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000346


      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:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart.

2.  The applicant states, in effect, that he is put at a lower category for
Veterans Affairs health care because his Purple Heart is not on his DD Form
214.

3.  The applicant provides a Purple Heart Award Certificate, dated 15
February 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 February 1968.  The application submitted in this case is
dated 8 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 on 27 July 1961 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty 111.00 (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to C Company, 2nd
Battalion, 22nd Infantry, 4th Infantry Division on or about 14 December
1966.

5.  The applicant's name appears on the Vietnam Casualty Roster for
receiving wounds by hostile forces on 12 February 1967.

6.  The applicant's records contain a Western Union telefax, dated 14
February 1967, that was addressed to his parents informing them that their
son had been slightly wounded.  He was treated at the 45th Surgical
Hospital and was being held for further treatment.


7.  On 24 February 1967, the applicant was reassigned to Medical Holding
Company, U.S. Army Hospital, Camp Zama.  He departed Vietnam on or about 21
March 1967 after being credited with participating in one campaign.

8.  On 23 February 1968, the applicant was separated and placed on the
Temporary Disability Retired List in the rank of Sergeant/E-5 after
completing 6 years, 6 month, and 26 days of creditable active service.

9.  The applicant's DD Form 214 with the ending period 23 February 1968
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, and Combat Infantryman Badge.

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

11.  The applicant provides a Purple Heart Award Certificate, dated 15
February 1967, that shows he was awarded the Purple Heart for wounds
received in action on 12 February 1967.

12.  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.  He received a "good" efficiency rating from the period 9 July
1964 through 1 November 1964 when he attended school.

13.  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 2nd Battalion, 22nd Infantry, it was cited for award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period October 1966 through 1 August 1967 based on Headquarters, Department
of the Army General Orders Number 48, dated 1971.

14.  Army Regulation 672-5-1, 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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal with Device
(1960).  This medal was awarded by the Government of Vietnam to all members
of the Armed Forces of the United States for qualifying service in Vietnam
during the period 1 March 1961 through 28 March 1973.  Qualifying service
included assignment in Vietnam for 6 months or more.  Qualifying service
outside the geographical limits of the Republic of Vietnam required the
individual to provide direct combat support to the Republic of Vietnam and
Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

16.  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.

17.  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 request
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  However, the Vietnam Casualty
Roster and Western Union telefax show he was wounded in combat by hostile
forces on 12 February 1967 and treated for his wounds.  The evidence shows
the applicant is entitled to award of the Purple Heart for wounds sustained
during hostile action.

2.  The applicant was separated in the rank of Sergeant with almost seven
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for two awards of the
Good Conduct Medal for the periods 27 July 1961 through 26 July 1964 and 27
July 1964 through 26 July 1967 based on completion of a period of
qualifying service ending with the termination of a period of Federal
military service.
3.  Evidence of record confirms that the applicant served in Vietnam and so
he is eligible for award of the Republic of Vietnam Campaign Medal with
Device (1960).  This award should be added to his DD Form 214.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with/Palm Unit
Citation.  His participation in one campaign entitles him to one bronze
service star to be worn on his Vietnam Service Medal.  These awards should
be added to his DD Form 214.

5.  Evidence of record confirms that the applicant served in Vietnam and so
he is eligible for award of the Republic of Vietnam Campaign Medal with
Device (1960).

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 February 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 February 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:

__JEV___  __ RJW _  _  RR ___  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 12 February
1967;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 27 July 1961 through 26 July 1964;

      c.  awarding him the Army Good Conduct Medal (2nd Award) for the
period 27 July 1964 through 26 July 1967; and

      d.  amending his DD Form 214 to show award of the Purple Heart, two
awards of the Army Good Conduct Medal, the Republic of Vietnam Campaign
Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and one bronze service star to be worn on his Vietnam
Service Medal.




                               ___ Mr. James E. Vick __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000346                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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