RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050001000


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 4 April 1966 he was wounded in
combat and never received his Purple Heart or paperwork.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) and a copy of two DD Forms 1380 (U.S.
Field Medical Card).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 October 1966.  The application submitted in this case is
dated 6 January 2005.

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 27 October 1964 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 760.07 (Supply Clerk).

4.  The applicant's unit, Headquarters and Headquarters Company, 1st
Battalion, 327th Infantry, arrived in Vietnam on or about 8 July 1965.  He
departed Vietnam on or about 26 June 1966 after being credited with
participating in two campaigns.

5.  On 27 October 1966, the applicant was honorably released from active
duty after completing 2 years and 1 day of creditable active service and
transferred to the United States Army Reserve Control Group.




6.  The applicant's DD Form 214 with the period ending 27 October 1966
shows he was awarded the National Defense Service Medal, the Parachutist
Badge, and the Vietnam Service Medal.  Item 27 (Wounds Received as a Result
of Action with Enemy Forces) shows the entry "Gunshot wound Right side Viet
Nam 3 Apr 66."

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 and shows
he was wounded on 3 April 1966 and treated as a result of hostile action in
Vietnam.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows he received a gunshot wound to the right side on 3 April
1966.  Item 41 (Awards and Decorations) does not show award of the Purple
Heart.

10.  The applicant provided two DD Forms 1380 that show he was tagged and
treated at the 130th Medical Detachment for a penetrating missile wound on
     3 April 1966.

11.  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 shows his conduct and efficiency ratings as
"excellent" throughout his period of service.

12.  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.

13.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

14.  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, 327th Infantry, it was cited for award of
the Presidential Unit Citation for the period 2 June 1966 through 20 June
1966 based on Headquarters, Department of the Army General Orders Number
59, dated 1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 327th Infantry, it was cited
for award of the Valorous Unit Award for the period 17 January 1966 through
25 March 1966 based on Headquarters, Department of the Army General Orders
Number 1, dated 1969.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 327th Infantry, it was cited
for award of the Meritorious Unit Commendation for the period 29 July 1965
through           1 October 1966 based on Headquarters, Department of the
Army General Orders Number 1, dated 1969.

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, for award of the
Vietnam Campaign Medal.  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.

19.  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.  There are no General Orders awarding him the Purple Heart.  However,
evidence of record shows that the applicant's name is listed on the Vietnam
Casualty Roster.  His DD Form 214 and DA Form 20 show that he received a
wound to his right side by enemy forces and medical evidence provided by
him shows that he was treated for a wound to his right side caused by
hostile fire.

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 3 April 1966.

3.  It appears the applicant is eligible for the first award of the Good
Conduct Medal based on completion of qualifying service from 27 October
1964 through 27 October 1966 ending with termination of a period of Federal
military service.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Presidential Unit Citation, the Valorous Unit Award, and
the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be
amended to add these awards.

5.  The evidence of record shows the applicant is eligible for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam
Campaign Medal.  His participation in two campaigns entitles him to two
bronze service stars to be worn on his Vietnam Service Medal.  Therefore,
his DD Form 214 should be amended to add these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1966.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 October 1969.  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:

__MHM__  _ JTM___  __JBG __  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 3 April
1966;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the
period 27 October 1964 through 27 October 1966; and

      c.  amending his DD Form 214 to show award of the Purple Heart, the
Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Campaign Medal, the Presidential
Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation
and two bronze service stars to be worn on his Vietnam Service Medal.




                            ___ Mr. Melvin H. Meyer _
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001000                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |16 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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