RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 January 2006
      DOCKET NUMBER:  AR20050005841


      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. Richard P. Nelson             |     |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 award of the Purple Heart.

2.  The applicant states he believes there “was an oversight” on the part
of medical personnel at the time he was wounded in Vietnam on 23 November
1967.

3.  The applicant provides an eyewitness statement from a retired Soldier
who states he was the Senior Aid Man in D Company, 4th Battalion, 31st
Infantry on the morning of 23 November 1967.  In his statement, the
eyewitness attests to the applicant’s contention that he was wounded.  He
further states that the applicant was treated in the field and was later
transferred to the 2d Surgical MASH Army Hospital.  Also included are
copies of morning reports of the unit and the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 October 1968.  The application submitted in this case is
dated 8 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 limitation 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 he was inducted on 17 October
1966 and completed training in Military Occupational Specialty 11B10 (Light
Weapons Infantryman).  He was then assigned to Vietnam where he served from
24 April 1967 to 3 April 1968 with Company D, 4th Battalion, 31st Infantry,
196th Infantry Brigade.  The applicant then returned to Fort Hood, Texas
where he completed his service obligation and was honorably separated from
active duty in pay grade E-5 on 16 October 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal with three bronze service stars; the National Defense Service Medal;
the Republic of Vietnam Campaign Medal with Device (1960); the Combat
Infantryman Badge; the Marksman Marksmanship Badge with Rifle Bar; and the
Expert Marksmanship Badge with Machinegun Bar.  No other awards or
decorations are listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  However, the applicant’s name is listed on the
Vietnam Casualty Roster.  The roster shows the applicant was wounded, as a
result of hostile action, on 23 November 1967.  There is an entry in item
40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record)
that shows he was wounded as a result of hostile action on 23 November
1967.  There are multiple entries in the applicant’s medical records that
indicate he was wounded, and treated for wounds, as a result of hostile
action in Vietnam on 23 November 1967.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

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 the unit, to which the applicant
was assigned, was cited for award of the Valorous Unit Award for the period
15 November 1967 to 3 February 1968 by Department of the Army General
Orders Number 5, dated 1969.

11.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

DISCUSSION AND CONCLUSIONS:

1.  Though there are no orders, or other entries, in the applicant’s
records that show he was awarded the Purple Heart.  However, evidence of
record overwhelmingly shows he was wounded as a result of hostile action on
23 November 1967 in Vietnam, and that he was treated for those wounds.
Therefore, the applicant is entitled to award of the Purple Heart, and
correction of his records to show this decoration.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 17 October 1966 to 16
October 1968.  Therefore, he is entitled to correction of his records to
show this award.

3.  General Orders show the applicant is entitled to the Valorous Unit
Award.  Therefore, he is entitled to correction of his records to show this
unit award.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 October 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 October 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___rjf ___  ____wdp_  ___tmr__  GRANT 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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of:

      a. the Purple Heart for wounds sustained as a result of hostile action
in the Republic of Vietnam on 23 November 1967;


      b. the First Award of the Good Conduct Medal, for the period 17
October 1966 to 16 October 1968;


      c. the Valorous Unit Award; and


      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.




            _________William D. Powers_________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005841                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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