RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20050017719


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, in effect, that he was wounded and treated for
wounds received while he was in Korea.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), with the effective date 24
November 1952; DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with the effective date 19 February 1965; and DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) with the effective date 31 October 1969 in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 October 1969, the date of his retirement.  The
application submitted in this case is dated 7 August 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's records show that he enlisted in the Regular Army on 11
July 1949 for a period of four years.  The highest grade the applicant held
while serving on active duty was sergeant first class/pay grade E-7.  The
applicant was honorably separated from active duty on 31 October 1969.
Records show that the applicant served overseas in Korea and Japan and that
he served in the Republic of Vietnam during the period 5 December 1967
through 1 December 1968.

5.  Item 27 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with
the effective date of 24 November 1952 does not show award of the Purple
Heart.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant's DD Form 214 with the effective date of 24 November 1952
contains the entry "SHRAP RIGHT ARM 20 JUL 50 [Shrapnel Right Arm 20 July
1950]."

7.  There are no medical records in the applicant's official military
personnel file that show he sustained wounds as a result of hostile action
or that show he was treated for wounds sustained as a result of hostile
action.

8.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

9.  The applicant's name is shown among those listed on the Korean War
Casualty Roster.

10.  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 are no time limitations on requests for
award of the Purple Heart.

11.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Forms 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive Phase III, the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the
Vietnam Counteroffensive Phase VI.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign and that a
silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled award of the Purple Heart.
The applicant's name is shown on the Korean War Casualty Roster and his DD
Form 214 with the effective date 24 November 1952 shows that he received
shrapnel injuries as a result of enemy combat on 20 July 1950.  Therefore,
the applicant has met the criteria for award of the Purple Heart and it
would be appropriate to award the applicant the Purple Heart and correct
his records to show this award.

2.  Orders show the applicant was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, he is entitled to correction of
his record to show this award.

3.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore is eligible for award of three
bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1972.  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:

__MKP__  _MJF__  _GJP_____  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 showing award of the Purple Heart for
wounds sustained on 20 July 1950 while he was in Korea, award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and award of
one silver service star to be affixed to his Vietnam Service Medal.



                                _M. K. Patterson____
                                      CHAIRPERSON



                                    INDEX

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


-----------------------
[pic]