RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 December 2005
      DOCKET NUMBER:  AR20050006853


      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. John Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael Flynn                 |     |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 the Purple Heart was not awarded.  He contends
that the war was at the end, that getting home was more important than the
award, and that he was discharged the following month and not awarded the
medal.  He also states he subsequently joined the Army National Guard and
for the next 30 years he continued to train and prepare for the next
conflict.

3.  The applicant provides a copy of a Western Union telegram, dated 29
January 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 February 1968.  The application submitted in this case is dated 26 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 was inducted on 13 March 1967.  He arrived in Vietnam on
14 August 1967.  He served as a light weapons infantryman assigned to
Company B, 1st Battalion, 12th Infantry of the 4th Infantry Division in
Vietnam from 25 August 1967 through 5 February 1968.  On 8 February 1968,
the applicant was released from active duty and transferred to the U.S.
Army Reserve.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat
Infantryman Badge, one award of the Overseas Service Bar, and the Expert
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, a Western Union telegram, dated 29 January
1968, states the applicant was slightly wounded in Vietnam on 28 January
1968.

6.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

7.  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 applicant's unit was cited for
award of the Valorous Unit Award for actions during the period 4-10
February 1968 by Department of the Army General Orders Number 43, dated
1970.

8.  Department of the Army Pamphlet 672-3 show the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 3, dated
1970.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

10.  The applicant enlisted in the Army National Guard on 11 February 1974
and was placed in the Retired Reserve on 1 August 1999.

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

12.  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.  Evidence of record shows the applicant was wounded in action on
28 January 1968 in Vietnam.  Therefore, he is entitled to award of the
Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

3.  The applicant's unit was cited for award of 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 assigned to the unit.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 8 February 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 7
February 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:

JS_____  _LH_____  _MF_____  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
28 January 1968 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 two bronze service
stars, 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.



            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006853                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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