RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 September 2005
      DOCKET NUMBER:  AR20050005317


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 military records to show award
of the Purple Heart.

2.  The applicant states that he received the Purple Heart in January of
1968 while recovering from a gunshot wound.

3.  The applicant provides no additional documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 September 1968, the date he was placed on the Temporary
Disability Retirement List.  The application submitted in this case is
dated 14 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 available records show the applicant enlisted in the Oklahoma Army
National Guard (OKARNG) for a period of 6 years on 28 October 1964.

4.  The applicant was ordered to active duty for training on 16 November
1964.  He completed basic training and advanced individual training and
was awarded military occupational specialty 111.00 (Rifleman).  On 7 May
1965, the applicant was honorably released from active duty and
transferred to OKARNG to complete his remaining service obligation.

5.  On 20 July 1965, the applicant was ordered to Active Duty from the
OKARNG.  He then completed Basic Airborne Training at Fort Benning,
Georgia, and, on 20 October 1965, he was awarded the Parachutist Badge.

6.  On 11 August 1967, the applicant was reassigned to Vietnam for duty
with Company A, 2nd Battalion (Airborne), 502d Infantry.


7.  The applicant’s military service record shows that on 30 December 1967,
he was wounded by sniper fire while walking the perimeter on guard duty
near Bao Loc, Vietnam.  He was then medically evacuated from overseas to
Reynolds Army Hospital at Fort Sill, Oklahoma.

8.  On 26 September 1968, the applicant was released from active duty and
placed on the Temporary Disability Retired list.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) on the applicant's DD Form
214 shows that he was authorized award of the National Defense Service
Medal, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal,
Parachute Badge and the Marksman Marksmanship Qualification Badge with
Rifle Bar, and the Vietnam Service Medal with one bronze service star.  It
does not contain an entry for award of the Purple Heart.

10.  There are no general orders in the applicant's military service
records, which showed that he was awarded the Purple Heart.

11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 38 (Record of Assignments) that the applicant was listed as an
inpatient at the 106th General Hospital in Japan on 4 January 1968.

12.  Item 40 (Wounds) of DA Form 20 shows the entries: "GSW lower L/Back"
[gun shot wound lower left back] received on "30 Dec 1967" [30 December
1967].

13.  Item 41 (Awards and Decorations) of DA Form 20 does not contain any
entries for award of the Purple Heart.

14.  The Vietnam Casualty Roster contains one entry which confirms that the
applicant's injures were as a result of hostile action and that he was
hospitalized on 30 December 1967.

15.  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.

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

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in 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 Vietnam Campaign Medal
with Device (1960).  The applicant's records show that he served in Vietnam
from 28 September 1967 through 11 January 1968 and was evacuated for
wounds.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the campaigns during the Vietnam War.
This document shows that, at the time of the applicant’s assignment to
Company A, 2nd Battalion (Airborne) of the 502d Infantry, he participated
in the Vietnam Counteroffensive III.

19.  Department of the Army Pamphlet 672-3 also list the unit awards
received by units serving Vietnam.  This document shows that the applicant
was assigned to Company A, 2nd Battalion (Airborne) of the 502d Infantry
which was cited for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Department of the Army General Order Number 6, dated
1974.

DISCUSSION AND CONCLUSIONS:

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

2.  Evidence of record shows that the applicant was wounded as a result of
hostile action and underwent medical treatment on 30 December 1967.  Based
on the applicant's personnel records, the applicant's medical service
records, and the Republic of Vietnam Casualty Listing, it is concluded that
there is sufficient evidence to substantiate award of the Purple Heart for
the wounds he received.

3.  Although the applicant did not complete six months of service in
Vietnam, he is entitled to award of the Republic of Vietnam Campaign Medal
with Device (1960).  Therefore, the applicant is entitled to have this
foreign award added to his DD Form 214.

4.  General Orders show that the applicant is entitled to award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
the applicant is entitled to correction of his DD Form 214 to show this
foreign unit award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 September 1971.  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:

_CAK___  _JNS___  _ENA____  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 award of the Purple Heart,
the Republic of Vietnam Campaign Medal with Device (1960) and award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                    _John N. Slone__
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005317                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/09/26                              |
|DISCHARGE AUTHORITY     |AR635-205                               |
|DISCHARGE REASON        |TDRL/REL/ACTDU                          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |107.0029                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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