RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050006754


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 EVID ENCE:

1.  The applicant requests that his records be corrected by showing award
of the Purple Heart and the Combat Infantryman Badge to which he is
entitled.

2.  The applicant states the above information was just overlooked when he
was discharged from active duty and the awards are of great significance to
him.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), dated 15 November 1968, a
copy of his DA Form 20 (Enlisted Qualification Record); and a copy of a
Standard Form 600 (Chronological Record of Medal Care) from his health
record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
15 November 1968, the date of separation.  The application submitted in
this case is dated 22 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 was inducted into the Regular Army on 16 November 1966.
After completion of basic and advanced individual training he was awarded
military occupational specialty 11B20 (Light Weapons Infantryman).  His
records also show he served in the Republic of Vietnam as an automatic
rifleman during the period 5 May 1967 through 4 May 1968 and was honorably
separated from active duty on 15 November 1968.

4.  Item 24 (Decorations, 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 or the Combat Infantryman Badge.




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

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41
(Awards and Decorations) does not show he was authorized award of the
Purple Heart.

7.  Headquarters, 1st Infantry Division Special Orders Number 181, dated
30 June 1967, awarded the applicant the Combat Infantryman Badge (First
Award).

8.  Headquarters, US Army Training Center, ARMOR, Fort Knox, Kentucky
Special Orders Number 25, dated 25 January 1967, awarded the applicant the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying
with the M-14 Rifle.

9.  The applicant's military service record contains a Standard Form 600
with a written entry, dated 5 February 1968. This entry shows he was
treated at the 332nd General Dispensary in Vietnam, after being hit in the
right knee by shrapnel.

10.  The Vietnam Casualty Roster shows the applicant was wounded in action
by hostile forces on 31 January 1968.

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, Fort Polk, Louisiana Special Orders Number 059, dated
6 March 1967, awarded the applicant the Marksman Marksmanship Qualification
Badge with Rifle Bar for qualifying with the M-16 Rifle.  This award is not
shown on his DD Form 214.

14.  Headquarters, Fort Polk, Louisiana Special Orders Number 063, dated
10 March 1967, awarded the applicant the Marksman Marksmanship
Qualification Badge with Pistol Bar for qualifying with the .45 Caliber
Pistol.  This award is not shown on his DD Form 214.

15.  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 B, 1st Battalion, 2 Infantry of the 1st Infantry Division, the unit
was cited for award of the Meritorious Unit Commendation 1 January 1968
through 31 December 1968, based on Department of the Army General Orders
Number 7, 1970.

16.  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 from 12 July 1965 through 16
October 1968, based on Headquarters Department of the Army General Orders
Number 21, dated 1969.

17.  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
Civil Actions Honor Medal First Class Unit Citation for actions during the
period October 1965 through 7 April 1970, based on Department of the Army
General Orders Number 53, dated 1970.

18.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Counteroffensive II, the Vietnam Counteroffensive Phase III,
the TET Counteroffensive, and the Vietnam Counteroffensive Phase IV.

19.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the
campaigns for Vietnam.  During the applicant’s tour in Vietnam he
participated in four campaigns.  This same regulation states that a bronze
service star will be awarded for wear on the Vietnam Service Medal for
participation in each campaign.  Army Regulation 600-8-22 also provides, in
pertinent part, that a silver service star is authorized in lieu of five
bronze service stars.

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 31 January 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 of the Purple Heart for the
wounds he received on 31 January 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 15 November 1968.

3.  The applicant contends that he is entitled to the Combat Infantryman
Badge.

4.  General Orders awarded the applicant the Combat Infantryman Badge for
service in Vietnam.  Therefore, the applicant is entitled to have his
records corrected to show this award.

5.  Records show that the applicant was authorized award of the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the
Marksman Marksmanship Qualification Badge with Rifle Bar and the Pistol
Bar.  Therefore, the applicant is entitled to correction of his DD Form
214 to show these badges.

6.  Records show that the applicant participated in the four campaigns
during his service in Vietnam and is eligible for award of four bronze
service stars for wear on his Vietnam Service Medal.  Therefore, the
applicant is entitled to correction of his DD Form 214 to add this award.

7.  General Orders awarded the applicant the Meritorious Unit Commendation
during his service in Vietnam.  Therefore, the applicant is entitled to
have his records corrected to show this unit award.

8.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, the applicant is entitled to
have his records corrected to show this foreign unit award.

9.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is
entitled to have his records corrected to show this foreign unit award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 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:

_RR_____  BJE____  _HOF ___  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 Sharpshooter Marksmanship
Qualification Badge with Rifle Bar, M-14; the Marksman Marksmanship
Qualification Badge with Rifle Bar, M-16 and Pistol Bar, .45 Cal Pistol;
four bronze service star for wear on his Vietnam Service Medal; the
Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross with
Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.





                                _Barbara J. Ellis_
                                      CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006754                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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