RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016362


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 the Purple Heart be added to his DD Form
   214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the clerk did not annotate the Purple Heart in
Block       24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) when he was separated.

3.  The applicant provides an award certificate for the Purple Heart.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The Disabled American Veterans, as counsel for the applicant, states the
applicant requests the Purple Heart be added to his DD Form 214.  Counsel
requests that the Board honor the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 January 1970.  The application submitted in this case is
dated 1 October 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 was inducted into the Army of the United States on 16
April 1968.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty 11C (Infantry
Indirect Fire Crewman).  He was assigned to Company D, 2nd Battalion, 60th
Infantry,
9th Infantry Division in January 1969.

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows he sustained a fragment wound to his trunk and legs on
14 February 1969.  His name is listed on the Vietnam Casualty Roster and
shows he was wounded in action on 14 February 1969.

5.  The applicant provided an award certificate dated 15 February 1969
which shows he was awarded the Purple Heart for wounds received in action
on 14 February 1969.

6.  His DA Form 20 shows he departed Vietnam and was a patient at the U.S.
Army Hospital in Fort McArthur, California on 23 April 1969.  He was
credited with participation in two campaigns in Vietnam.

7.  The applicant was promoted to specialist on 1 May 1969.

8.  On 24 September 1969, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for failing to go to his
appointed place of duty.  His punishment consisted of reduction to private
first class.

9.  He was honorably released from active duty on 15 January 1970.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat
Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar.

10.  His DA Form 20 shows he received conduct and efficiency ratings of
"excellent" throughout his service.

11.  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 that, at the time of the
applicant's assignment to the 2nd Battalion, 60th Infantry, 9th Infantry
Division, 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 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 2nd Battalion, 60th Infantry, 9th
Infantry Division, it was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation by Department of the Army
General Orders Number 59, dated 1969.

13.  Army Regulation 600-8-22 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

15.  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.  The applicant has provided an award certificate which shows he was
awarded the Purple Heart for wounds sustained on 14 February 1969.  His
name is listed on the Vietnam Casualty Roster and his Enlisted
Qualification Record indicates he was wounded in action on 14 February
1969.   Therefore, this evidence is sufficient as a basis for correcting
his DD Form 214 to show award of the Purple Heart.

2.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
two bronze service stars for wear on his Vietnam Service Medal.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 16 April
1968 through 15 January 1970.  Although he received an Article 15 for a
minor offense during this period, his service records show he received
conduct and efficiency ratings of "excellent" throughout his period of
service.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, these foreign unit awards should be added to his DD
Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 January 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 January 1973.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

EA______  MF______  DP______  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:

      a.  awarding him the Army Good Conduct Medal for the period 16 April
1968 through 15 January 1970;

      b.  adding the Purple Heart, the Army Good Conduct Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to
his DD Form 214; and

      c.  authorizing two bronze service stars for wear on his Vietnam
Service Medal.




                            Eric Andersen_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016362                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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