RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         10 January 2006
      DOCKET NUMBER:  AR20050007467


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawly 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, in effect award of the Purple Heart (PH).

2.  The applicant states, in effect, he was never issued award of the PH
for the injury he received to his right shoulder while serving in the
Republic of Vietnam (RVN) in April 1969.

3.  The applicant provides a medical treatment record in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 March 1970.  The application submitted in this case is
dated
12 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 records show he was inducted into the Army and entered
active duty on 1 April 1968.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 2-1) shows he
served in the RVN from 29 August 1968 through 25 August 1969.

5.  On 31 March 1970, the applicant was honorably separated after
completing a total of 2 years of active military service.  The DD Form 214
he was issued at the time shows he earned the following awards:  National
Defense Service Medal; Vietnam Service Medal (VSM) with 3 bronze service
stars; Vietnam Campaign Medal; Combat Infantryman Badge; Sharpshooter
Qualification Badge with
Rifle Bar; Marksman Qualification Badge with Rifle Bar; and 1st Class
Gunner Badge.
6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search revealed an entry on the applicant that confirms he was wounded in
action in the RVN on
13 April 1969.

7.  The applicant provides a medical treatment record that shows that on 14
April 1969, he was treated for a right shoulder injury he sustained from a
grenade fragment.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

9.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence to show a member 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.  The evidence of record includes the Department of the Army (DA) Vietnam
Casualty Roster entry confirming the applicant was wounded in action in the
RVN on 13 April 1969.  Further, the medical treatment record provided by
the applicant confirms he was treated for this combat related wound.
Therefore, the regulatory burden of proof necessary to support award of the
PH has been satisfied in this case, and it would be appropriate to award
him the PH at this time.

3.  The record also confirms that based on his RVN service, he is entitled
to the RVN Gallantry Cross with Palm Unit Citation.  Thus, it would also be
appropriate to add this award to his record at this time.

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 awarding the applicant the Purple
Heart for being wounded in action in the RVN on 13 April 1969; by showing
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and by providing him a correction to his separation document that
includes these awards.




                            ____Kenneth L. Wright ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007467                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/10                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |1970/03/31                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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