RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017686


      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. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 his DD Form 214 does not show the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577
(Authorization for Issuance of Awards), dated 28 July 1972, which shows he
was issued the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1971.  The application submitted in this case is dated
14 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 was inducted on 17 July 1969.  He arrived in Vietnam on
9 December 1969.  He served as a light weapons infantryman assigned to
Company A, 1st Battalion, 46th Infantry of the 196th Infantry Brigade in
Vietnam from 24 December 1969 through 23 October 1970.  He was assigned to
Headquarters and Headquarters Company, 1st Battalion, 46th Infantry in
Vietnam from 24 October 1970 through 13 November 1970.  On 16 July 1971,
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, two awards of the Overseas Service
Bar, the Good Conduct Medal, the Army Commendation Medal, the Combat
Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar
as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, a Western Union telegram, dated 10 June 1970,
shows the applicant was slightly wounded in action in Vietnam on 8 June
1970 by a fragment while on a combat operation when a hostile force was
encountered.  He received a wound to the back.  The Vietnam Casualty Roster
also shows the applicant was wounded on 8 June 1970.

6.  Headquarters, Americal Division General Orders Number 12028, dated
6 September 1970, show the applicant received the Bronze Star Medal for
meritorious achievement during the period 1 May 1970 to 31 August 1970 in
Vietnam.

7.  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 (1st
Battalion, 46th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 42, dated 1972.

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 Western Union telegram and the entry on the Vietnam Casualty Roster
which shows the applicant was wounded in action on 8 June 1970 in Vietnam
are accepted as sufficient evidence on which to amend his DD Form 214 to
show award of the Purple Heart.

2.  Orders show the applicant received the Bronze Star Medal.

3.  The applicant's unit (1st Battalion, 46th Infantry) was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 16 July 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 15 July 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 is no statute of limitations on requests for award of the Purple
Heart.
BOARD VOTE:

WP____  _MT_____  _WC____  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, the Bronze Star Medal, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017686                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|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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