RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050015098


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, that his military records be corrected to show
the award of the Purple Heart.

2.  The applicant states, that the order for award of the Purple Heart is
missing from his military records.

3.  The applicant provides a copy of his Certificate of Award for the
Purple Heart, and a letter from the National Personnel Records Center,
dated 24 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1988, the date of his retirement from active
duty.  The application submitted in this case is dated 28 September 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 that he entered on active duty on 7
September 1966.  He completed basic combat training and advanced individual
training, and was awarded military occupational specialty 11B10 (Light
Weapons Infantryman).  His tour of active duty during this period was from
7 September 1966 to 30 August 1969.

4.  His records also show he served a tour in the Republic of Vietnam
during the period of 27 March 1967 to 25 November 1967.  His records show
that he was honorably retired on 30 April 1988, after serving 20 years, 6
months, and 12 days of active service.





5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaigns Ribbons Awarded or Authorized) of the applicant's DD Form  
214 (Certificate of Release or Discharge from Active Duty) shows the
applicant was awarded the Army Service Ribbon, Republic of Vietnam Campaign
Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, Army
Good Conduct Medal 5th award, Drill Sergeant Identification Badge,
Noncommissioned Officer Professional Development Ribbon with numeral 3,
Overseas Service Bar, Vietnam Service Medal with 2 bronze service stars,
National Defense Service Medal, Army Achievement Medal, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  However, it does not show
he was awarded the Purple Heart.

6.  A review of the Vietnam Casualty Roster shows the applicant's name was
listed among those wounded.  The applicant's entry contains the cause
code "H8" which indicates that he was wounded as a result of a mine in the
Republic of Vietnam.  The roster further shows that the applicant sustained
the injury on 12 November 1967.

7.  Headquarters, 173rd Infantry Airborne Brigade (Separate), Certificate
of Award for the Purple Heart, dated 12 November 1967, indicates the
applicant was awarded the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the order awarding the Purple Heart to him
is missing from his military records.

2.  Records show the applicant was awarded the Purple Heart for wounds
received on 12 November 1967 in connection with ground operations while
serving in the Republic of Vietnam.  The Vietnam Casualty Roster lists his
name among those that are wounded as a result of action against an enemy
force.  Therefore, the applicant is entitled to correction of his records
to show this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
29 April 1991.  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 are no time limitations on requests for award of
the Purple Heart.



BOARD VOTE:

__bje____  ____dll__  ___jev___  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 waive failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show award of the Purple Heart for
wounds received as a result of hostile action on 12 November 1967.




                            __________James E. Vick____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015098                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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