RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050017196


      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. John Meixell                  |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 for the gunshot wound
he suffered to his right knee on 9 August 1967.

2.  The applicant states he was never awarded the Purple Heart to which he
believes he is entitled.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a DA Form 8-275-3 (Clinical
Record Cover Sheet); a portion of his DA Form 20 (Enlisted Qualification
Record); and a Standard Form 502 (Clinical Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 July 1968.  The application submitted in this case is dated
15 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 was inducted into the Army on 6 October 1966.  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 A, 2nd Battalion, 8th Cavalry, 1st Cavalry Division in Vietnam
on 15 March 1967.

4.  Item 40 (Wounds) on the applicant's DA Form 20 shows he sustained a
gunshot wound to his right knee as a result of hostile action.  The
applicant's name is listed on the Vietnam Casualty Roster.

5.  The applicant’s Clinical Record Cover Sheet shows he sustained a
gunshot wound to his right knee with no nerve or artery involvement and he
was treated.  This document shows he sustained this wound as a result of
hostile action in a fire fight on the Cambodian border on 9 August 1967.

6.  The applicant departed Vietnam on 25 November 1967 and was credited
with participation in two campaigns.  He was reassigned to Korea on 26
November 1967.

7.  The applicant was honorably released from active duty on 18 July 1968.
He completed 1 year, 9 months, and 13 days of active military service.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman
Marksmanship Qualification Badge with Pistol Bar, the Republic of Vietnam
Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge,
and one Overseas Service Bar.

8.  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, 8th Cavalry, 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.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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’s Enlisted Qualification Record and Clinical Record
Coversheet show he sustained a gunshot wound to his right knee as a result
of hostile action on 9 August 1967.  His name is listed on the Vietnam
Casualty Roster.  Therefore, he has met the requirements for award of the
Purple Heart and his DD Form 214 should be corrected to show this
decoration.

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.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
this foreign unit award should be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 July 1968.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
17 July 1971.  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:

JM______  JR______  EM______  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 Purple Heart for wounds received in action on
9 August 1967;

      b.  adding the Purple Heart and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation to his DD Form 214; and

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




                            John Meixell__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017196                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|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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