RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002638


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, award of the Purple Heart.

2.  The applicant states, in effect, that a Purple Heart was presented to
him while recovering from his wounds in the hospital in Vietnam, but the
award is not listed on his discharge document.  At the urging of his
family, he has decided that he wants to correct the record.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a Western Union telegram,
dated 10 November 1970; VA Form 21-6782 (Original Disability Compensation);
and a letter written by the applicant to his parents, on 10 November 1970,
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 December 1971, the date of his release from active duty.
The application submitted in this case is dated 10 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 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 service record shows that he was inducted into
the U.S. Army on 18 May 1970.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons, Infantryman).

4.  The applicant's military service record shows that he was assigned to
Company A, 5th Battalion, 46th Infantry, 198th Infantry Brigade, 23rd
Infantry (Americal) Division in Vietnam, from 25 October 1970 through 8
April 1971.  He was subsequently assigned to Headquarters and Headquarters
Battery,
1st Battalion, 82nd Artillery, from 9 April 1971 through 7 October 1971.
He was honorably separated from active duty in the U.S. Army on 27 December
1971 after serving 1 year, 7 months, and 10 days.
5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal with 2 bronze service stars,
Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Army
Commendation Medal, Bronze Star Medal, Sharpshooter Marksmanship
Qualification Badge with (M-16) Rifle Bar, and Expert Marksmanship
Qualification Badge with Hand Grenade Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 10
October 1970 through 9 October 1971.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Winter-Spring 1970 and an unnamed
13th campaign.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart and his DA Form 20 does not show
an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards
and Decorations).  However, the applicant's personnel records contain a
copy of U.S. Army Vietnam casualty message, date-time group 100308Z
November 1970, which shows that the applicant received a fragment wound to
his left shoulder when a hostile booby trap was detonated at 0830 hours, on
9 November 1970, in the vicinity of Quang Tin, Vietnam, and that he was
being treated at the
91st Evacuation Hospital.  The applicant's name is also listed on The
Adjutant General, Casualty Division's, Vietnam Casualty Roster, showing
that he was wounded on 9 November 1970 as a result of hostile action.

8.  In support of his application, the applicant provides a copy of his
discharge document, casualty notification telegram, VA Disability
Compensation form; and the letter he wrote to his parents, on 10 November
1970.  These documents lend support to the applicant's claim that he was
wounded as the result of hostile action and that his wounds required
medical treatment.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  The applicant's record contains a copy of Headquarters, 2nd Armored
Division, Fort Hood, Texas, General Orders Number 1728, dated 7 December
1971, which shows that he was awarded the Good Conduct Medal for the period
of service from 18 May 1970 to (Date of Separation On or About) 17 December
1971.


11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in two campaigns during his service in Vietnam.
This document shows that the applicant participated in the Vietnam Winter-
Spring 1970 and DA Sanctuary Counteroffensive campaigns.

12.  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 Company A, 5th Battalion, 46th Infantry, and the
1st Battalion, 82nd Artillery in Vietnam, these two units were awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 6 (1974).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  As with all personal decorations, formal
recommendation, approval through the chain of command, and announcement in
orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.




16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that a Purple Heart was presented to him while
recovering from his wounds in the hospital in Vietnam, but the award is not
listed on his discharge document.  The applicant provides documentary
evidence which lends support to his claim that he was wounded as the result
of hostile action and that his wounds required medical treatment.

2.  There is no evidence the applicant was awarded the Purple Heart.
However, the evidence of record shows that the applicant was wounded as a
result of hostile action on 9 November 1970, his wounds required medical
treatment, and the medical treatment was made a matter of official record.
Therefore, the applicant is entitled to award of the Purple Heart.

3.  General Orders awarded the applicant the Good Conduct Medal for the
period 18 May 1970 to (Date of Separation On or About) 17 December 1971.
Therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 December 1974.  Although the request was not submitted within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact that there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

___JEA _  __TEO __  __CAK __  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 (then, a Private First Class) the Purple
Heart for wounds received in action in the Republic of Vietnam, on 9
November 1970; and

      b.  correcting his DD Form 214 to add the Purple Heart, Good Conduct
Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                            ___JAMES E. ANDERHOM___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002638                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700518                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 5-20              |
|DISCHARGE REASON        |Exception to Policy - Early Release for |
|                        |School                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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