RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050017359


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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 his DD Form 214 (Report of Transfer or Discharge)
shows he sustained a shrapnel wound to his back on 17 May 1967 in Vietnam.
He contends that a grenade blew up in his barracks, that he was blown off
the bunk, and that he was hit in the back.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 August 1968.  The application submitted in this case is
dated 7 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 on 1 September 1966.  He arrived in Vietnam
on 7 February 1967.  He served as a light weapons infantryman assigned to
Company A, 1st Battalion, 16th Infantry of the 1st Infantry Division in
Vietnam from 15 February 1967 through 24 August 1967.  He was assigned to
Company D, 1st Battalion, 16th Infantry of the 1st Infantry Division in
Vietnam from
25 August 1967 until he was evacuated to the United States on 23 November
1967 for medical treatment.  On 14 August 1968, the applicant was released
from active duty in the temporary rank of sergeant after completing 1 year,

11 months, and 14 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, two awards of the Overseas Service Bar, the Combat Infantryman
Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
First Class Gunner Badge (Machinegun M-60 Bar) as authorized awards.  Item
30 (Remarks) on his DD Form 214 shows the entry, "Shrapnel wound (Back)
17 May 67 Vietnam."
5.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows the entry, "SHRAP WD BACK" on 17 May 1967.  However, there
are no orders for the Purple Heart in the applicant's service personnel
records.  The applicant's name does not appear on the Vietnam Casualty
Roster.

6.  A DA Form 2173 (Statement of Medical Examination and Duty Status),
dated 22 May 1967, states, in pertinent part, that on 17 May 1967 in
Vietnam a grenade was tossed in the building occupied by the applicant and
nine other Soldiers and the applicant sustained shrapnel wounds to his
back.  The form also states that the hand grenade was tossed by one Soldier
at another Soldier and when the grenade hit the cement floor it exploded.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

9.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 21, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

11.  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.

12.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

13.  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.  Although the applicant's DD Form 214 shows he sustained a shrapnel
wound to his back on 17 May 1967 in Vietnam, medical evidence of record
shows he was wounded as the result of another Soldier's negligent behavior,
not as a result of hostile action.  There is no evidence of record which
shows that he was wounded or treated for any injuries as a result of
hostile action in Vietnam.  Therefore, there is insufficient evidence on
which to base an award of the Purple Heart in this case.

2.  The applicant was separated in the temporary rank of sergeant with 23
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 1 September 1966 through 14 August
1968 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

4.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 14 August 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 13
August 1971.  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:

________  ________  ________  GRANT FULL RELIEF

JS_____  __CD___  __JM_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 first award of the Good Conduct Medal for the
period 1 September 1966 through 14 August 1968; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Vietnam Service Medal with three bronze service
stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                            __John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017359                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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