RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050005514


      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 Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 that his records be corrected by showing award
of the Purple Heart and all Vietnam combat medals to which he is entitled.

2.  The applicant states he incurred a gunshot wound in combat in Vietnam,
which is proven by his medical records.

3.  The applicant provides a copy of his DA Form 8-275-3 (Clinical Record
Cover Sheet), dated 21 May 1968; a copy of his Standard Form 502 (Clinical
Record, Narrative Summary), dated 24 May 1968; a copy of his DA Form 8-275-
3, dated 6 June 1968; a copy of his Standard Form 502 (Clinical Record,
Narrative Summary), dated 10 June 1968; a DA Form 8-119, part 4 (Hospital
arrival notice), dated 12 June 1968; and a copy of DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge), dated 1
August 1968.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel, a Veteran Service Officer of the Military Order of the Purple
Heart (Department of Wisconsin), requests that the applicant's records be
corrected to show awards and medals he should have received for his service
in Vietnam.

2.  Counsel states that the applicant should have received awards and
medals, for his service in Vietnam, but were not issued because of an
oversight at the time he was wounded.  He further states that the applicant
was wounded on 19 May 1968 at Landing Zone (LZ) Center in Vietnam.  The
Veteran Service Officer continues by asking that the applicant's case be
expedited since these awards have been a long time in coming.

3.  Counsel provides in support of the applicant's case copies of his
medical records and a copy of his DD Form 214, dated 1 August 1968.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 August 1968, the date of his separation from active
duty.  The application submitted in this case is dated 29 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 was inducted into the Army of the United States on 14
October 1966.  After completion of basic training and advanced individual
training, he was awarded military occupational specialty 11B20 (Light
Weapons Infantryman).  The applicant was assigned to Company C, 1st
Battalion, 52d Infantry of the 198th Infantry Brigade in Vietnam.  He
served in that unit from 6 October 1967 through 5 October 1968.  The
applicant was honorably separated from active duty on 1 August 1968.

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

5.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

6.  Item 40 (Wound) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows he received Gunshot Wounds to his left shoulder on 19 May
1968.  Item 41 (Awards and Decorations) does not show he was authorized
award of the Purple Heart.

7.  However, item 41 of the applicant's DA Form 20, also shows he was
authorized award of the Combat Infantryman Badge (First Award), the
Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying
with the
M-14 Rifle, the Expert Marksmanship Qualification Badge with Rifle Bar for
qualifying with the M-16 Rifle, the Vietnam Service Medal and the Vietnam
Campaign Medial with Device 60.  These awards are not shown on his DD Form
214.

8.  The applicant's records contain a DA Form 8-275-3 (Clinical Record
Cover Sheet), dated 21 May 1968.  This medical record shows he was treated
at the 95th Evacuation Hospital, in Vietnam, for a gunshot wound to his
right shoulder and a fracture of the right acromion bone he received in the
line of duty during a fire fight at the Landing Zone Center in Vietnam.
9.  The applicant's records contain a copy of his Standard Form 502
(Clinical Record, Narrative Summary), dated 10 June 1968, which shows he
was evacuated to the 106th General Hospital, in Japan, for further
treatment of his wounds.  Both medical forms show the applicant was not
awarded the Purple Heart by either hospital.

10.  The Vietnam Casualty Roster shows the applicant was wounded in action
on 19 May 1968.  However, the seventh and eight letters of the applicant's
last name are incorrectly shown as "k" and "C" instead of "C" and "K".

11.  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.

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

13.  Headquarters, Americal Division Special Orders Number 203, dated
30 December 1967, awarded the applicant the Combat Infantryman Badge (1st
Award).

14.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, Missouri
Special Orders Number 336, dated 2 December 1966, awarded the applicant the
Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying
with the M-14 Rifle.

15.  Headquarters, 198th Infantry Brigade Light, Fort Hood, Texas, Special
Orders Number 55, dated 18 September 1967, awarded the applicant the
Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with
the
M-16 Rifle.

16.  The applicant's records show that he was awarded the Vietnam Service
Medal which is not reflected on his DD Form 214.  His records also do not
show any bronze service stars indicating campaign credit.  His records
indicate that he participated in the Vietnam Counteroffensive Phase III
campaign, the
Tet Counteroffensive campaign, the Counteroffensive IV campaign and the
Counteroffensive V campaign.



18.  Appendix B of Army Regulation 600-8-22(Military Awards) shows that the
applicant participated in four 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.

19.  The applicant's records show that he was awarded the Vietnam Campaign
Medal with Device 60.  However, his DD Form 214 does not reflect this
award.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to Company C, 1st Battalion, 52d Infantry, the unit
was cited for award of the Presidential Unit Citation for actions during 31
January 1968 through 10 February 1968, based on Department of the Army
General Orders Number 17, 1969.

21.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Valorous Unit Award
from 1 January 1968 through 31 October 1968, based on Headquarters
Department of the Army General Orders Number 48, dated 1969.

22.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Headquarters Department
of the Army General Orders Number 8, 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 19 May 1968.  Based on
the applicant's personnel records, the submitted medical records, and the
Republic of Vietnam Casualty Roster, it is concluded that there is
sufficient evidence to substantiate award the Purple Heart for the wounds
he received on 19 May 1968 in Vietnam.  Therefore, he is entitled to
correction of his records to show award of the Purple Heart on his DD Form
214, dated 1 August 1968.





3.  The applicant contends that he is entitled to Vietnam combat medals.

4.  General Orders awarded the applicant the Combat Infantryman Badge for
service in Vietnam, which is not shown on his DD Form 214.  Therefore, the
applicant is entitled to have his records corrected to show this award.

5.  The applicant's military service record shows that he was awarded the
Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert
Marksmanship Qualification Badge with Rifle Bar which are not shown on his
DD Form 214.  Therefore, the applicant is entitled to correction of his DD
Form 214 to show these badges.

6.  Evidence of record shows that the applicant was authorized award of the
Vietnam Service Medal, which is not shown on his DD Form 214.  Therefore,
he is entitled to have his records corrected to show this award.

7.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

8.  Evidence of record shows that the applicant was authorized award of the
Vietnam Campaign Medal with Device 60, which is not shown on his DD Form
214.  Therefore, he is entitled to have his record corrected to show this
award.

9.  General Orders awarded the applicant the Presidential Unit Citation
during his service in Vietnam, which is not shown on his DD Form 214.
Therefore, the applicant is entitled to have his records corrected to show
this unit award.

10.  General Orders awarded the applicant the Valorous Unit Award which is
not shown on his DD Form 214.  Therefore, he is entitled to have his
records corrected to show this unit award.

11.  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.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 31 July 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:

_JNS___  _KWL____  _LDS___  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; the Combat Infantryman Badge; the Marksman Marksmanship
Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle; the
Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with
the M-16 Rifle; four bronze service stars for wear on the Vietnam Service
Medal; the Vietnam Campaign Medal with Device 60; the Presidential Unit
Citation; the Valorous Unit Award; and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.





                               __John N. Sloan_________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004686                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny w/note                             |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]