RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050008297


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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 he was wounded in combat against hostile
Vietnamese Forces on 18 January 1970.

3.  The applicant provides 25 pages from his military medical records in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 April 1971, the date of his separation from active
duty.  The application submitted in this case is dated 13 May 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.  Records show the applicant enlisted on 29 April 1969.  He was trained
in, awarded, and served in military occupational specialty (MOS) 11D20
(Armor Reconnaissance Specialist) and the highest rank he attained while
serving on active duty was specialist/pay grade E-4.  The applicant served
in the Republic of Vietnam during the period 12 October 1969 through 13
February 1970.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) contains the entry "FRG wounds Right side of Leg" [Fragment wounds-
right side of the leg].


6.  The applicant provided 25 pages of his military medical records which
show that, on 18 January 1970, he sustained multiple fragment wounds to his
chest, abdomen, all four extremities and small bowel as a result of an
explosion of a mine.

7.  DA Form 8-275-2 (Clinical Record Cover Sheet), dated 31 March 1970,
shows the entry "IRHA-Pt injured when hit by mine fragments" [injuries
received as a result of hostile action-patient].

8.  The Vietnam Casualty Roster does not list the applicant's name.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against and enemy or 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.

10.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

12.  The applicant's records do not show award of the Good Conduct Medal.
His records show that he received ratings of excellent in conduct and
efficiency.  There is no evidence the applicant was disqualified for award
of the Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal 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 Good
Conduct Medal, disqualification must be justified.



14.  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 he participated in the
Vietnam Winter-Spring 1970 Campaign.

15.  Appendix B of Army Regulation 600-8-22(Military Awards) shows that the
applicant participated in one campaign during his tour of duty in Vietnam.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign and,
that a silver service star is authorized in lieu of five bronze service
stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Purple Heart for
wounds received in while in combat in Vietnam.

2.  Although the applicant's name is not shown on the Vietnam Casualty
Roster, the preponderance of evidence shows that on 18 January 1970, while
serving on active duty in Vietnam, the applicant sustained wounds as a
result of hostile action and was treated for those wounds.

3.  Therefore, the applicant is entitled to award of the Purple Heart and
correction of his records to show award of the Purple Heart for wounds
sustained on 18 January 1970.

4.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

5.  The applicant completed a qualifying period of service for award of the
Good Conduct Medal.  There is no evidence in the available records which
show the applicant was disqualified for this award.  Therefore, the
applicant is entitled to correction of his records to show award of the
Good Conduct Medal (First Award).

6.  Records show that the applicant participated in one campaign during his
service in Vietnam.  Therefore is eligible for award of one bronze service
star to be affixed to his Vietnam Service Medal.


7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 April 1971, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 27 April 1974.  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_____  _PHM___  _LJO____  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 for wounds sustained on 18 January 1970, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (First
Award), and one bronze star to be affixed to his Vietnam Service Medal.





                              ___John N. Slone_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008297                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]