RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050005729


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, that the Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he was wounded at the battle of
"Hamburger Hill" in April 1969.

3.  The applicant provides a self-authored addendum to his application to
the Board, a copy of his two DD Forms 214’s, with effective dates of 21
January 1968 and 21 January 1970, and a copy of a letter from the
Department of Veteran Affairs (VA) showing his new rate of monthly
compensation of $210.00, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 January 1970, the date of his release from active
duty.  The application submitted in this case is dated15 March 2005, but
was received for processing on 18 April 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 in the Regular
Army on 23 September 1966.  He completed his basic combat training at Fort
Leonard Wood, Missouri, and his advanced individual training at Fort Ord,
California.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B, Light Weapons Infantryman.  On
26 July 1967, the applicant was awarded the MOS 11F, Infantry Operations
and Intelligence Specialist.  The MOS 11B was withdrawn.

4.  On 13 June 1967,the applicant departed Fort Ord en route to Fort
Benning, Georgia, to attend Infantry Officer Candidate School.  On 21
January 1968, the
applicant was honorably discharged for the purpose of accepting a
commission as an infantry second lieutenant.

5.  The applicant was assigned to Hawaii as his first duty station and, on
21 January 1969 the applicant was assigned to Vietnam.  He was assigned
to Company B, 3rd Battalion, 187th Infantry Regiment, 101st Airborne
Division.  The applicant served with this unit until 14 May 1969.  On 15
May 1969 he was reassigned to the Medical Holding Company, United States
Army Hospital, Camp Zama, Japan in a patient status.

6.  On the applicant's release from hospitalization, he was reassigned to
Fort Bragg, North Carolina, to complete his active duty service obligation.

7.  The applicant was honorably released from active duty on 21 January
1970, under the provisions of Army Regulation (AR) 635-100, Chapter 3,
Section XIV. Voluntary Release from Active Duty – Expiration of Active Duty
Commitment, in the rank and pay grade of first lieutenant, O-2, with 2
years commissioned officer service and 1 year, 3 months and 29 days
enlisted service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal, the Good Conduct Medal, the
Parachutist Badge, the Vietnam Service Medal, and the Combat Infantryman
Badge.  The Purple Heart is not shown among his authorized awards.

9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  There is no entry in Item 21
(Awards and Decorations), of the applicant's DA Form 66, Officer
Qualification Record, showing that he was awarded the Purple Heart.  There
is no entry in Item 10 (Assignment Limitations), of the applicants DA Form
66, showing that he was wounded in action.

10.  The applicant's name is shown on the Vietnam Casualty List.

11.  A partial diagnostic form, on file in the applicant's personnel
records, shows he sustained a fragmentation wound to the right knee on 26
April 1969 while he was on a combat operation near the A Shau Valley in
Vietnam.  The applicant was hospitalized at the 18th Surgical Hospital and
was further reassigned to the 95th Evacuation Hospital and, on 14 May 1969,
he was further evacuated to Japan for medical treatment.  On 15 May 1969,
he was assigned to the US Army
Hospital in Camp Zama, Japan.  The applicant was further evacuated to Fort
Bragg, North Carolina, and was released to duty without profile.  There is
no indication that orders were published, to award him the Purple Heart, by
any of the hospitals that treated him.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.

13.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.

14.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by
units serving in Vietnam, shows that the unit the applicant was assigned
to was awarded the Presidential Unit Citation, for the period 10 through
12 May 1969, by Department of the Army General Orders (DAGO) Number 16,
dated 1972; the Valorous Unit Award, for the period 17 April through 7
May 1969, by DAGO Number 2, Dated 1971; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 19 July 1968 through 14
May 1969, by DAGO Number 43, dated 1970 and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 3 October
1968 through 2 May 1970, by DAGO 48, dated 1971.  These unit awards are
not shown on his DD Form 214.

15.  AR 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.

16.  AR 600-8-22 provides, in pertinent part, for award of the Republic of
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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.

17.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant sustained a fragmentation wound
to the right knee on 26 April 1969 while he was on combat operation near
the A Shau Valley in Vietnam.  He was evacuated from Vietnam to Japan then
to the United States and was released to duty without profile.

2.  There is no indication in his service personnel records that orders
awarding him the Purple Heart were ever published by the hospitals through
which he was evacuated.  The applicant is therefore entitled to award of
the Purple Heart and to have it added to his DD Form 214.

3.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of the Vietnam Service Medal,
with two bronze service stars, as opposed to the Vietnam Service Medal,
which is now shown on his DD Form 214.

4.  The applicant was evacuated from Vietnam prior to his having completed
6 months service in Vietnam due to wounds resulting from hostile action.
The applicant was awarded the Vietnam Service Medal.  He is therefore
entitled to
award of the Republic of Vietnam Campaign Medal and to have it added to his
DD Form 214.

5.  The applicant served in a unit that was awarded the Presidential Unit
Citation; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; while he was a member of the unit.  He
is therefore entitled to these unit awards and to have them added to his DD
Form 214.

BOARD VOTE:

_RJF____  _WDP___  __TMR_  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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Purple Heart for wounds he received in
action in Vietnam on 26 April 1969 and adding this award to his DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, to denote his participation in two campaigns while he served
in Vietnam, and adding this award to the applicant's DD Form 214;


      d.  awarding the applicant the Republic of Vietnam Campaign Medal and
adding this award to the applicant's DD Form 214; and
e.  awarding the applicant the Presidential Unit Citation; the Valorous
Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; and, adding these unit awards to his DD Form 214.




                            _        William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005729                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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