RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 November 2005
      DOCKET NUMBER:  AR20050005958


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert Duecaster              |     |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, in effect, he was wounded by shrapnel in his
right shoulder on 14 September 1967 while on patrol in Vietnam.  He
contends he was evacuated to the 24th Evacuation Hospital where he spent
several days recuperating prior to being sent back to his unit.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and four Morning Reports (one Morning Report shows he was
attached to the 24th Evacuation Hospital on 14 September 1967).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 October 1967.  The application submitted in this case is
dated 14 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 are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the DD Form 214.

4.  The applicant was inducted on 22 December 1965.  He served as a light
weapons infantryman in Vietnam for almost one year and was released from
active duty on 24 October 1967.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an
authorized award.

6.  There are no orders for the Purple Heart in the available records.
However, the Vietnam Casualty Roster shows the applicant was wounded in
action on
14 September 1967.

7.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

8.  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, and the
medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was
wounded in action on 14 September 1967 is accepted as sufficient evidence
on which to base award of the Purple Heart in this case.

2.  Although the applicant's inclusive dates of service in Vietnam are not
available, he participated in at least one campaign during his assignment
in Vietnam which entitles him to award of the Vietnam Service Medal with
one bronze service star.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 24 October 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 23
October 1970.  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:

SK_____  _JM____  _RD_____  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 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.  awarding him the Purple Heart for wounds received in action on
14 September 1967 in Vietnam; and

      b.  amending his DD Form 214 to add award of the Purple Heart and to
show that he was awarded the Vietnam Service Medal with one bronze service
star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




            ___Stanley Kelley_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005958                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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