RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006288


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant provides:

      a.  A letter from the National Personnel Records Center (NPRC), dated
14 March 2005.

      b.  A copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

      c.  A copy of his Record of Induction.

      d.  A copy of his DA Form 20 (Enlisted Qualification Record).

      e.  An awards verification document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 November 1969.  The application submitted in this case is undated, but
was received on 27 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 record shows he was inducted into the Army and entered
active duty on 7 December 1967.  He was trained in and awarded military
occupational specialty (MOS) 11B40 (Light Weapons Infantryman) and highest
grade he obtained while on active duty was sergeant.



4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 5 November 1968 to 4 November 1969.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
C Company, 3rd Battalion, 187th Infantry Regiment.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry “ FRG
[Fragment] WD [Wound] Left Arm on 13 May 1969.”  Item 41 (Awards and
Decorations) shows the applicant received the National Defense Service
Medal (NDSM), the Combat Infantryman Badge (CIB), the Vietnam Service Medal
(VSM), the Vietnam Campaign Medal with 1960 Device, and the Bronze Star
Medal.

6.  Item 38 of the applicant’s DA Form 20 also confirms that he received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments.  .  His military personnel records are void of any derogatory
information or a unit disqualification that would have prevented him from
receiving the Army Good Conduct Medal (AGCM).

7.  On 5 November 1969, the applicant was honorably released from active
duty. The DD Form 214 he was issued at the time confirms he completed 1
year,
10 months and 29 days of active military service.  It also shows that
during his tenure on active duty, he earned the NDSM, CIB, VSM, Vietnam
Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal.

8.  The applicant’s record shows that the Department of Veterans Affairs
requested the applicant’s medical records on 11 March 1970 and additional
information regarding his shrapnel wounds.  Additionally, the applicant’s
record contains his final separation physical records.  The applicant noted
on his Report of Medical History that he was wounded in Vietnam.  However,
no other details regarding his injury were provided.  The attending
physician signed this document on 5 November 1969.

9.  The applicant’s record also contains a certificate for the Purple
Heart.  The certificate is signed by the major general in command of the
101st Airborne Division and the Secretary of the Army at that time.  The
certificate shows the applicant was awarded the Purple Heart for wounds
received in action in the RVN on 13 May 1969.

10.  The applicant’s record contains General Orders from Headquarters,
101st Airborne Division, dated 4 June 1969 which shows that the applicant
was awarded the Purple Heart for wounds received in action on 13 May 1969.


11.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army Vietnam Casualty Roster.  The
applicant’s name was listed on the roster of RVN casualties.

12.  Army Regulation 800-8-22 (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.

13.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.

14.  Table 2-1 of the awards regulation contains a list of authorized
campaigns and it shows that during his assignment tenure, the applicant was
credited with participating in the Vietnam Counteroffensive Phase VI, the
Tet Counteroffensive, the Summer- Fall Campaign, and the Winter-Spring
Campaign.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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 GCM, disqualification
must be justified.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit for service in RVN.  It confirms that during his
tenure of assignment in the RVN, the applicant’s unit, the 3rd Battalion,
187th Infantry, earned the Presidential Unit Citation, the Valorous Unit
Award, the RVN Civil Actions Honor Medal First Class, and the RVN Gallantry
Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart and the
supporting documentation he submitted were carefully reviewed and found to
have merit.  By regulation, in order to support award of the Purple Heart,
there must be evidence to show the Soldier was wounded in action, was
treated for the wound and a record of this treatment must have been made a
matter of official record.

2.  General Orders and the applicant’s DA Form 20 confirm he was wounded in
action on 13 May 1969.  Further, the applicant’s record contains a Purple
Heart certificate signed by the major general in command of the 101st
Airborne Division.  The applicant’s name is also listed on the RVN Casualty
Roster.  Therefore, he is entitled to correction of his records to show
award of the Purple Heart in this case.

3.  The applicant's record also confirms he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award him the AGCM for his qualifying period of
honorable active duty service from 7 December 1967 to 5 November 1969.

4.  Evidence shows that based on his RVN service and campaign
participation, the applicant is entitled the Presidential Unit Citation,
the Valorous Unit Award, the RVN Civil Actions Honor Medal First Class, the
RVN Gallantry Cross with Palm Unit Citation and four bronze service stars
to be worn on his VSM.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      4 November 1972.  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:

__KLW__  __DED__  __QAS __  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:

      a.  that he was awarded the Purple Heart for wounds received in
action while serving in Vietnam on 13 May 1969;

      b.  awarding him the Army Good Conduct Medal for his period of
service 7 December 1967 through 5 November 1969; and

      c.  awarding him the Presidential Unit Citation, the Valorous Unit
Award, the RVN Civil Actions Honor Medal First Class, the RVN Gallantry
Cross with Palm Unit Citation and four bronze service stars to be worn on
his VSM.





                            ____Kenneth L. Wright____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006288                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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