RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20050002388


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette McCants              |     |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 award of the Purple Heart.

2.  The applicant states that he was wounded in action.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with an effective date of 6
March 1971 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 March 1971, the date of his separation.  The application
submitted in this case is dated 23 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 into the Army on 12 August 1969.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty 45L (Artillery Mechanic).  He served in
Vietnam for the period 8 April 1970 through 7 April 1971.  He was honorably
discharged on 6 March 1971.

4.  The applicant's DD Form 214 does not show award of the Purple Heart.

5.  The applicant's service records contain Headquarters 23rd Artillery
Group General Orders Number 100, dated 5 May 1970, which awarded the
applicant, the Purple Heart for wounds received in action on 20 April 1970.

6.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 show he
was awarded the Good Conduct Medal (1st Award) by Headquarters 23rd
Artillery Group General Orders Number 22, dated 15 February 1971.

8.  The applicant's records contain U.S. Army Ordnance Center and School
Special Orders Number 42, dated 27 February 1970, which awarded the
applicant the Expert Marksmanship Qualification Badge with Rifle Bar for
qualifying with the M-16 Rifle.

9.  The applicant's records contain Headquarters, United States Army
Training Center Special Orders Number 206, dated 2 October 1969, which
awarded the applicant the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar for qualifying with the M-14 Rifle.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the Battery A, 2nd Battalion of the 35th
Artillery, it was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters Department of the Army
General Orders Number 54, dated 1974 and the Republic of Vietnam Civil
Actions Honor Medal First Unit Citation by Headquarters Department of the
Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 also show that during the
applicant's assignment to this unit, it was also awarded the Valorous Unit
Award for the periods 18 April 1970 by Headquarters Department of the Army
General Orders Number 50, dated 1971 and 1 May 1970 through 29 June 1970 by
Headquarters Department of the Army General Orders Number 43, dated 1972.
15.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Valorous Unit Award.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal, but with
no bronze service stars.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
award of the Purple Heart.

2.  General Orders show the applicant was awarded the Purple Heart for
wounds received on 20 April 1970.  Therefore, the applicant is entitled to
have his DD Form 214 corrected to show this award.

3.  General Orders shows the applicant was awarded the Good Conduct Medal
(1st Award); therefore, the applicant is entitled to correction of his DD
Form 214 to show this award.

4.  Special Orders show the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, the applicant is entitled
to correction of his DD Form 214 to show these badges.

5.  Evidence of record shows that, while the applicant was assigned to
Battery A, 2nd Battalion of the 35th Artillery, the 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.
Therefore, the applicant is entitled to correction of his records to show
these foreign unit awards.

6.  Evidence of record shows that during the applicant's assignment to
Battery A, 2nd Battalion of the 35th Artillery, the battalion was twice
awarded the Valorous Unit Award.  Therefore, the applicant is entitled to
correction of his records to show award of the Valorous Unit Award with one
oak leaf cluster.

7.  Evidence also shows that the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 March 1974.  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:

__jm____  __slp____  ___rld___  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 waive failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart, the
Good Conduct Medal (1st Award), the Expert Marksmanship Qualification Badge
with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar (Rifle M-14), the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Unit
Citation, the Valorous Unit Award with one oak leaf cluster, and the
Vietnam Service Medal with three bronze service stars affixed.




                                  ____Shirley L. Powell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002388                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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