RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016255


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the Republic of
Vietnam and was treated in Japan, so therefore, he earned the award of the
Purple Heart.

3.  The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 June 1971, the date of his release from active duty.
The application submitted in this case is dated 4 November 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 was inducted and entered on active
duty on 12 June 1969.  He completed basic combat training and advanced
individual training, and was awarded the military occupational specialty
11D10 (Armor Intelligence Specialist).

4.  The applicant's records show he served with Troop K, 3rd Squadron,  
11th Armored Cavalry in the Republic of Vietnam, during the period
10 November 1969 to 27 May 1970.  The applicant was honorably released from
active duty on 11 June 1971 after serving 2 years of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaigns Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Republic of Vietnam Service Medal with one bronze service star, Republic of
Vietnam Campaign Medal, and the Army Commendation Medal.  However, it does
not show he was awarded the Purple Heart.

6.  Headquarters, 11th Armored Cavalry Regiment General Orders Number  
67, dated 9 June 1970 awarded the applicant the Purple Heart.

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, 11th Armored Cavalry Regiment, was cited for an
award of the Valorous Unit Award based on Department of the Army General
Order Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 11th Armored Cavalry Regiment, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters Department of the Army General Orders Number 60,
dated 1969.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the following campaigns: Vietnam Winter-Spring 1970 and the
DA Sanctuary Counteroffensive.  This same regulation states that a bronze
service star will be awarded for wear on the Vietnam Service Medal for
participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  Orders show the applicant was awarded the Purple Heart for wounds
received in connection with operations against hostile force while serving
with Troop K, 3rd Squadron, 11th Armored Cavalry in the Republic of
Vietnam.  Therefore, the applicant is entitled to correction of his records
to show this award.

3.  Evidence of record shows the applicant is entitled to the Valorous Unit
Award. Therefore, he is entitled to correction of his records to show this
award.

4.  Evidence of record shows the applicant was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to correction of his records to show this foreign unit award.

5.  Evidence of records show that the applicant was assigned to a unit that
participated in two campaigns.  Therefore, he is entitled to correction to
show two bronze service stars to be affixed to his Republic of Vietnam
Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
10 June 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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

____cvm_  ____ym _  ___kan__  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 awards of the Purple Heart for
wounds sustained in the Republic of Vietnam on 17 May 1970, Valorous Unit
Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two
bronze service stars to be affixed to his Republic of Vietnam Service
Medal.




                            __________Kathleen A. Newman________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016255                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|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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