RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20050017736


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show receipt of the
Purple Heart.

2.  The applicant states that he would also like to be issued the Purple
Heart medal.  He indicates he is submitting a DVA (Department of Veterans
Affairs) rating decision to show he sustained combat wounds while serving
in Vietnam.  He further adds that he was unaware he could seek this
correction and did not know where to go for help until he contacted the
Disabled American Veterans.

3.  The applicant provides a copy of his DD Form 214 and a Department of
Veterans Affairs (DVA) rating decision dated 25 November 2002.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that favorable consideration be given to
the applicant's request for the Purple Heart.

2.  Counsel states that the applicant was unaware his DD Form 214 was
incorrect and that he was entitled to award of the Purple Heart until his
case was reviewed by their office.

3.  Counsel provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 July 1970.  The application submitted in this case is
dated
6 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 originally enlisted in the Regular Army on 17 May 1960
and was later honorably released from active duty on 9 May 1963.  He
reenlisted in the Regular Army on 26 May 1965 and was honorably discharged
on 5 October 1966.  He again reenlisted on 6 October 1966 and was honorably
discharged on 8 June 1968.  On 11 September 1968, the applicant reenlisted
and continued to serve until 22 July 1970 when he was placed on the
Temporary Disability Retired List (TDRL).  It is noted the applicant's DD
Form 214 effective 8 June 1968 has an administrative error in that the date
of entry is shown as 26 May 1965 when it fact it should be 6 October 1966.
He has a prior DD Form 214 for the period 1965 through 1966 which was
apparently overlooked.  It is further noted that the applicant's Official
Military Personnel File (OMPF) is void any award orders.  It appears that
all of the applicant's orders pertaining to any type of awards have been
removed for unknown reasons.

4.  The applicant served in Vietnam twice.  The first time was during the
period 17 December 1967 to 8 June 1968 and the second time during the
period
24 September 1969 to 5 February 1970.

5.  The applicant's DD Form 214 for the period ending 8 June 1968 shows he
was awarded the National Defense Service Medal, the Vietnam Service Medal,
the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Marksman
Marksmanship Qualification Badge with M-14 Rifle Bar.

6.  The applicant's DD Form 214 for the period ending 22 July 1970 shows he
was awarded the Good Conduct Medal, the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device
1960, the Combat Infantryman Badge and the Sharpshooter Marksmanship
Qualification Badge with M-16 Rifle Bar.  He was subsequently placed on the
Permanently Retired List as a result of physical disability on 31 May 1972.

7.  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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  The applicant's name appears on the Vietnam Casualty Listing as having
been wounded on 18 January 1970.  His records contain a Standard Form 502
(Clinical Record)(Narrative Summary) dated 5 February 1970 from Walter Reed
General Hospital documenting his wounds.  Additionally, DA Form 8-118
(Medical Board Proceedings) dated 8 June 1970 further documents the
applicant was wounded.  However, his OMPF contains no orders for the award
of the Purple Heart.  His DA Form 20 (Enlisted Qualification Record)
contains no entries in Item 40 (Wounds) and Item 41 (Awards and
Decorations) contains no entry for the award of the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards), 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.  This regulation also provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.  The
applicant served in Vietnam during five campaigns -- Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968; Tet Counteroffensive, which extended from 30 January through
1 April 1968; Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; and Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970.

11.  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 unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for the period 8 February 1962 to 28 March 1973 by
Department of the Army General Orders 8, dated 1974.


12.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
There are special provisions regarding authorization for the Overseas
Service Bar for service in a hostile fire zone and for combining service to
calculate award of the bars.  For Vietnam service, one overseas service bar
is authorized for each period of 6 months active Federal service as a
member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.
Both the month of arrival and the month of departure from Vietnam are
counted as a whole months for credit toward the overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  Available evidence supports the applicant's claim for award of the
Purple Heart.  There are medical documents showing the applicant was
wounded and treated.  He is listed on the Vietnam Casualty Listing.  He was
permanently medically retired as a result of his wounds.  Therefore, he
should be awarded the Purple Heart and have his records corrected to
reflect this award and to have it added to his DD Form 214.

2.  The applicant served in Vietnam twice and served in 5 campaigns.
Therefore, he is entitled to a correction of his records to show an award
of one silver service star to be added to his already awarded Vietnam
Service Medal and to have this added to his DD Form 214.

3.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award on his DD Form 214.

4.  The applicant served a total of 11 months in Vietnam and is entitled to
have one Overseas Service Bar added to his DD Form 214.

BOARD VOTE:

__wfc___  __jcr___  __dwt___  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
18 January 1970 in Vietnam;

      b.  Deleting the Vietnam Service Medal on his DD Form 214 of 22 July
1970; and

      b.  Adding the Vietnam Service Medal with one silver service star,
the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and one Overseas Service Bar to his DD Form 214 of 22 July 1970.



                                  William F. Crain
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017736                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20090921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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