RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050004825


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 his Purple Heart is not shown on his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of an award certificate for award of the
Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 July 1969, the date of his separation from active duty.  The
application submitted in this case is dated 15 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.  Records show the applicant enlisted on 30 November 1966.  He was
trained in, awarded,  and served in military occupational specialty
(MOS)13E20 (Field Artillery Operator/Intelligence Assistant) and the
highest rank he attained while serving on active duty was specialist
five/pay grade E-5.  The applicant served in the Republic of Vietnam during
the period 19 November 1967 through 1 July 1969.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

5.  Headquarters, 9th Infantry Division General Orders Number 8088, dated
1 July 1969; show the applicant was awarded the Purple Heart for wounds
received in action on 15 October 1968.  These orders incorrectly show the
second letter of the applicant's first name as "a" instead of "o."

6.  The Vietnam Casualty Roster shows the applicant was wounded by hostile
force on 15 October 1968.  However, the second letter of the applicant's
first name is incorrectly shown as an "a" instead of an "o."

7.  The applicant provided a copy of an award certificate which shows that
he was awarded the Purple Heart on 1 July 1969 for wounds received in
action on 15 October 1968.  This certificate also incorrectly shows the
second letter of the applicant's name as an "a" instead of an "o."

8.  The applicant's service number and social security number were verified
on the General Orders, the Vietnam Casualty Roster, and the award
certificate.

9.  Army Regulation 600-8-22 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

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 1st Battalion, 11th Artillery, the unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters Department of the Army General Orders Number 59,
dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Presidential Unit
Citation for actions during the period 7 March 1968 to 22 June 1968 based
on Department of the Army General Orders Number 60, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 1st Battalion, 11th Artillery, that unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Headquarters Department of the Army General
Orders Number 59, dated 1969.

13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the
Vietnam Counteroffensive Phase VI.

14.  Appendix B of Army Regulation 600-8-22(Military Awards) shows that the
applicant participated in five 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 and, that a silver service star is authorized in lieu of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records
to show award of the Purple Heart.  General Orders show the applicant was
awarded the Purple Heart for wounds sustained on 15 October 1968.
Therefore, his records should be amended to show this award.

2.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

3.  General Orders show the applicant is entitled to award of the
Presidential Unit Citation during his service in Vietnam.  This award was
omitted from his DD Form 214.  Therefore, the applicant is entitled to
correction of his DD Form 214 to add the Presidential Unit Citation.

4.  General Orders show the applicant was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is
entitled to correction of his records to show this foreign unit award.

5.  Records show that the applicant participated in the five campaigns
during his service in Vietnam.  Therefore is eligible for award of one
silver service star to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 July 1972.  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:
__LE___  __LGH___  __PMS__  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 the applicant was awarded the
Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and one silver star to be affixed to his Vietnam
Service Medal.





                                  __Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004825                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant Plus                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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