RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 October 2005
      DOCKET NUMBER:  AR20050002386


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he should have been awarded the
Purple Heart for wounds he sustained while he was serving in Vietnam.

3.  The applicant submitted a copy of clinical records for treatment he
received at the 93rd Evacuation Hospital on 15 May 1966 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 21 September 1966.  The application submitted in this case is
dated 26 January 2005.  It was received for processing on 15 February
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 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 applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the
Army of the United States on 5 October 1964.  He completed basic combat
training at Fort Knox, Kentucky, and his advanced individual training at
Fort Gordon, Georgia.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11C (Infantry Indirect
Fire Crewman).

4.  The applicant was initially assigned to Company C, 1st Battalion
(Mechanized), 5th Infantry Regiment, 25th Infantry Division, stationed in
Hawaii.  He was reassigned to Vietnam with his unit and they arrived
there on 16 January 1966.  He remained assigned to this unit throughout
his assignment in Vietnam, which ended on 19 September 1966 when he was
returned to the United States for release from active duty.  The
applicant's service in Vietnam spanned 8 months and 4 days.

5.  The applicant was honorably released from active duty, on 21 September
1966, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Early Release of Overseas Returnee.  He was released from active duty in
the rank
and pay grade of Specialist Four, E-4.  On the date he was released from
active duty, he had completed 1 year, 11 months, and 17 days active
military service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the Good Conduct Medal; the National Defense Service
Medal; the Vietnam Service Medal; the Combat Infantryman Badge; and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The Purple
Heart is not shown on the applicant's DD Form 214.

7.  Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification
Record, is blank.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart and the applicant's name does not appear on
the Vietnam Casualty List.

10.  The applicant provided a copy of a DA Form 8-275-3, Clinical Record
Cover Sheet, with a date of admission and disposition of 15 May 1966,
showing that he was treated at the 93rd Evacuation Hospital for superficial
fragmentation wounds on the right forearm and the left hand that he
sustained when a grenade exploded in their barracks, as a result of hostile
action, at 2130 hours at Cu Chi.  Item 25 (Selected Administrative Data),
of this same form, shows the entry, "Patient recommended for the Purple
Heart."

11.  The applicant's DD Form 214 shows his entitlement to the Vietnam
Service Medal; however, it does not show the service stars to which he is
entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, which extended from 25 December
1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967.
13.  AR 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment
and, c.) 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.

14.  AR 600-200, chapter 9, in effect at the time of the applicant's
service, provided guidance on the preparation, maintenance, and disposition
of the DA Form 20.  Paragraph 9-53 provided guidance for entries made in
Item 40 (Wounds), of the DA Form 20.  The instructions were as follows:
"Enter a brief description of wounds or injuries (including injury from
gas) requiring medical treatment, received through hostile or enemy action
(emphasis added), including those requiring hospitalization.  Enter the
date wounded or injured."

15.  AR 600-8-22 provides, in pertinent part, for award of the Republic of
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.  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 Republic of Vietnam Campaign Medal.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 9 August 1965 through 19
May 1969, by Department of the Army General Order (DAGO) Number 59, dated
1969.
18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence that the applicant provided in support of his request
shows that he sustained superficial fragmentation wounds on his left hand
and right arm on about 15 May 1966 while he served in Vietnam.  The
applicant sustained these wounds as the result of enemy action and he
received medical treatment for these wounds.  The applicant was recommended
for award of the Purple Heart but there is no evidence that orders were
published.  He is entitled to award of the Purple Heart and to have it
added to his DD Form 214.

2.  The applicant served in two campaigns while he served in Vietnam.  The
applicant was awarded the Vietnam Service Medal; however, the bronze
service stars are not shown on his DD Form 214 to denote his campaign
participation credit.  The applicant is entitled to award of two bronze
service stars to be affixed to his already-awarded Vietnam Service Medal,
to denote his actual campaign participation credit.

3.  The applicant served in Vietnam for a span of 8 months and 4 days.  He
met the criteria for award of the Republic of Vietnam Campaign Medal which
was omitted from his DD Form 214 on his release from active duty.  He is
entitled to this award and to have it added to his DD Form 214.

4.  The applicant served in a unit at the time it was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to
this unit award and to have it added to his DD Form 214.

BOARD VOTE:

_RR_____  _BJE____  _HOF__  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 the applicant the Purple Heart for wounds received on
about 15 May 1966 and adding this award to the applicant's DD Form 214;

      b.  awarding the applicant two bronze service stars, to be affixed to
his already-awarded Vietnam Service Medal, to denote his campaign
participation credit and, awarding the applicant the Republic of Vietnam
Campaign Medal and adding these awards to his DD Form 215; and

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.




                                    Barbara J. Ellis_____
                                   CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002386                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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