RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017487


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he earned the Purple Heart in Vietnam on 5 March
1968 and the award was left off his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; an award certificate
for the Purple Heart for wounds received in action on 5 March 1968; a
photograph and article, dated 22 March 1968,  pertaining to award of the
Purple Heart; and two letters, dated 28 December 2005 and 29 December 2004,
from the Department of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 April 1970.  The application submitted in this case is dated
1 December 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 enlisted on 25 April 1967 for a period of 3 years.  He
arrived in Vietnam on 7 October 1967.  He served as a pioneer assigned to
the 175th Engineers, 196th Infantry Brigade in Vietnam from 12 October 1967
through
9 January 1968.  He was assigned to Company A, 26th Engineer Group,
Americal Division in Vietnam from 10 January 1968 until he was wounded in
action and evacuated to Okinawa on 5 March 1968 for further medical
treatment. On 24 April 1970, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, and the Expert and Sharpshooter
Marksmanship Qualification Badges with Rifle Bars as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, item 40 (Wounds) on the applicant’s DA Form 20
(Enlisted Qualification Record) shows he was wounded on 3 March 1968 and
sustained multiple fragment wounds to his legs and left arm.  Item 39
(Physician’s Summary and Elaboration of all Pertinent Data) on the
applicant’s Standard Form 89 (Report of Medical History), dated 29 January
1970, shows he was wounded in Vietnam by shrapnel fire and sustained wounds
to his legs, left arm, and left hand.

6.  In support of his claim, the applicant provided an award certificate
for the Purple Heart for wounds received in action on 5 March 1968 in
Vietnam.  He also provided a photograph of a hospitalized Soldier receiving
the Purple Heart from a colonel and a 22 March 1968 article which states
the applicant was presented the Purple Heart for wounds received while
serving with the 26th Engineers in Vietnam.

7.  Department of the Army General Orders Number 8, dated 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The award certificate provided by the applicant which shows he was
awarded the Purple Heart for wounds received in action on 5 March 1968 in
Vietnam corroborated by the entry in item 40 on his DA Form 20 is accepted
as sufficient evidence on which to amend his DD Form 214 to show award of
the Purple Heart.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 24 April 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 23 April 1973.
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:

LE______  _PM____  EF______  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 amending his DD Form 214 to show that
he was awarded the Purple Heart and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.




                            ___Lester Echols______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017487                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|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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