RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050004660


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) with an effective date
of 1 January 1970, does not show that he received the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and a Clinical Record
Cover Sheet, dated 21 May 1969, from the 29th Evacuation Hospital, Bien
Thuy, Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 1 January 1970, the date of his release from active duty.  The
application submitted in this case is dated 7 January 2005, and was
received on 31 March 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 records show that he enlisted on 6 January
1967, for a period of 3 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 62B20 (heavy equipment mechanic).

4.  The records show that the applicant served in Vietnam during the period
from 28 March 1969 to 3 July 1969.  He served with the 15th Engineer
Battalion during the period from 8 April 1969 to 3 July 1969.

5.  Headquarters, 9th Infantry Division General Orders Number 4933, dated
25 April 1969, awarded the applicant the Army Commendation Medal with "V"
Device.

6.  The Clinical Record Cover Sheet from the 29th Evacuation Hospital
stated that the applicant suffered fragment wounds to the upper left arm
and chest wall on or about 1530, 16 May 1969, near Bien Tro, Republic of
Vietnam, due to a hostile booby trap.  The cover sheet also showed the
applicant was sent to Camp Drake, Japan on 21 May 1969.

7.  The applicant was released from active duty on 1 January 1970, due to
expiration of service.  He had completed 2 years, 11 months, and 26 days of
active service that was characterized as honorable.   The highest grade the
applicant held was specialist four/pay grade E-4.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
contained the following entries:  NDSM (National Defense Service Medal),
GCMDL (Army Good Conduct Medal), AFEM (Armed Forces Expeditionary Medal),
VSM (Vietnam Service Medal), and ARCOM (Army Commendation Medal).

9.  The applicant's military service records do not contain orders for the
award of the Purple Heart.

10.  A review of the applicant's records showed that he is entitled to
additional awards, which are not listed on his DD Form 214.

11.  The applicant's military service records showed that he was assigned
in Vietnam during the period from 28 March 1969 to 3 July 1969.  Based on
his dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22
(Military Awards) shows he served in the Tet 69 Counteroffensive, 1969
Campaign
(23 February 1969 - 8 June 1969) and the Vietnam Summer - Fall 1969
Campaign (9 June 1969 - 31 October 1969).

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 showed that, at the time of the
applicant’s assignment to 15th Engineer Battalion, the unit received the
following awards:

      a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period from January to June 1969, based on Department of the Army
General Order Number 59, dated 1969; and

      b.  the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period from 19 December 1966 to 28 June 1969, based
on Department of Army General Order Number 59, dated 1969.
13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the "V" is
worn to denote participation in acts of heroism involving conflict with an
armed enemy.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device (1960).  This medal was
awarded by the Government of the Republic of Vietnam to all members of the
Armed Forces of the United States for qualifying service in Republic of
Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying
service included assignment in the Republic of 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 with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The evidence shows that the applicant was wounded as a result of
hostile action.  Therefore, there is sufficient evidence upon which to base
award of the Purple Heart in this case.

3.  The entry on the applicant's DD 214 does not show that his award of the
Army Commendation Medal was for heroism.  Therefore, the entry should be
amended to read:  Army Commendation Medal with "V" Device.

4.  The applicant's military personnel records show he participated in two
campaigns during his service in Vietnam.  Therefore, he is entitled to two
bronze service stars to be worn on his Vietnam Service Medal.

5.  The applicant was serving with the 15th Engineer Battalion during the
period the unit was cited for award of 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
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  The applicant was evacuated from the Republic of Vietnam prior to
completing six months of service due to wounds resulting from hostile
action.  Therefore, he is entitled to the Republic of Vietnam Campaign
Medal with Device (1960).

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 January 1970, the date of his
release from active duty.  Therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 31 December
1972.  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:

___lmd__  ___mhm__  ___sk___  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 showing:

      a.  award of the Purple Heart for wounds sustained in the Republic of
Vietnam on 16 May 1969;

      b.  award of the Army Commendation Medal with "V" Device;

      c.  award of two bronze service stars to be worn on his Vietnam
Service Medal;


      d.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation;


      e.  award of the Republic of Vietnam Civil Actions Medal Unit
Citation; and

      f.   award of the Republic of Vietnam Campaign Medal with Device
(1960).





                            ________Stanley Kelley_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004660                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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