RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004697


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that he received wounds while serving in the
Republic of Vietnam (RVN).

3.  The applicant provides a Department of Veterans Affairs (DVA) Rating
Decision document and a Clinical Record Cover Sheet in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 June 1967.  The application submitted in this case is dated
22 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 record shows he was inducted into the Army and entered
active duty on 10 June 1965.  He was trained in and awarded military
occupational specialty (MOS) 11B20 (Light Weapons Infantryman) and the
highest rank he attained while serving on active duty was specialist four.


4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 11 November 1965 through
10 November 1966.  It further shows that during this RVN tour, he was
assigned to the 1st Battalion, 7th Cavalry, 1st Cavalry Division
(Airmobile), performing duties in MOS 11B as a rifleman.





5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry “FRAG
[Fragment] to Back-31 January 1966.”  Item 41 (Awards and Decorations)
lists the following awards he earned during his active duty tenure:
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat
Infantryman Badge (CIB), RVN Campaign Medal, 2 Overseas Bars, and the
Sharpshooter Marksmanship Qualification Badge (M-14).

6.  On 9 June 1967, the applicant was honorably separated after completing
2 years of active military service.  The DD Form 214 he was issued shows,
in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he earned the following
awards during his active duty tenure:  NDSM, VSM, RVN Campaign Medal with
1960 Device, the CIB, the Sharpshooter Marksmanship Badge (M-14) and 2
Overseas Bars.

7.  The Purple Heart is not included in the list of awards on the
applicant’s DD Form 214 and the applicant authenticated this document with
his signature in Item 32 (Signature of Person Being Transferred or
Discharged).

8.  The applicant provides a Clinical Record Cover Sheet which shows that
he was admitted to the 85th Evacuation Hospital on 31 January 1966.  Item
23 (Diagnosis) contains the entry “Fragment wound of back, no nerve or
artery involvement.”  This document shows that the applicant advised the
attending physician that he was hit by enemy mortar fragments while on a
combat mission.

9.  The clinical record also shows that the applicant’s injury was in the
line of duty. Item 24 (Operations and Special Therapeutic Procedures)
contains the entry “31 January 1966 - Debridement of back wounds-
anesthesia, local.”

10.  The applicant provided a copy of a Rating Decision document from the
DVA, dated 28 September 2002.  This document shows the applicant was
granted a zero percent service-connected rating for multiple shell fragment
wound scars to the back and legs.

11.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army Vietnam Casualty List.  The
applicant’s name is listed as a RVN casualty.




12.  Army Regulation 800-8-22 (Military Awards) 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.

13.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and it states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the RVN.  Table B-1 contains a list of
campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the Vietnam Defense Campaign, the Vietnam
Counteroffensive, and the Vietnam Counteroffensive Phase II.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit, the 1st Battalion, 7th
Cavalry, received the Presidential Unit Citation and the RVN Gallantry
Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered and found to have merit.  By regulation, in order to award the
Purple Heart it is necessary to establish that a soldier was wounded as a
result of enemy action, that the wound required treatment by a medical
officer, and that the record of medical treatment was made a matter of
official record.

2.  The evidence of record in this case includes an entry in Item 40 of the
applicant’s DA Form 20 that shows he received a fragmentation wound to the
neck on 15 November 1969, while serving in the RVN.  This entry is
corroborated by medical evidence that includes an entry in the applicant’s
clinical records, which indicate that he had a fragment wound of the back.
He is also listed on the Vietnam Casualty List.  As a result, it is
concluded the regulatory burden of proof necessary to support award of the
Purple Heart has been satisfied in this case.

3.  The record also shows that based on his service and campaign
participation in the RVN, the applicant is entitled to the Presidential
Unit Citation, the RVN Gallantry Cross with Palm Unit Citation and three
bronze service stars to be worn on his Vietnam Service Medal.  Therefore,
the applicant is entitled to correction of his records to show these
awards.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
8 June 1970.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__RTD __  __JBG __  __SWF__  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 awarding him the Purple Heart for
wounds received in action on 31 January 1966 while serving in Vietnam and
by showing that based on his service and campaign participation in the RVN,
he is entitled to the Presidential Unit Citation, the RVN Gallantry Cross
with Palm Unit Citation, and three bronze service stars to be worn on his
Vietnam Service Medal.





                            ____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004697                           |
|                        |                                        |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |107.0000                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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