RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 July 2006
      DOCKET NUMBER:  AR20050017976


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla D. Troup                |     |Member               |
|     |Mr. William F. 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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in action in the
Republic of Vietnam (RVN) and did not receive the PH.  He would like it
awarded and added to his record and separation document (DD Form 214) at
this time.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement with Photos; DD Form 214; and
Congressional Inquiry with attachments.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 September 1970, the date of his separation from active
duty.  The application submitted in this case is dated 4 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's record shows that he enlisted in the Regular Army and
entered active duty on 31 October 1968.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was private first
class (PFC).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 7 April 1969 through 8 January 1970.  Item 38
(Record of Assignments) shows he was assigned to the 2nd Battalion, 3rd
Infantry Regiment, 199th Infantry Brigade during his RVN tour.  It also
shows that on
27 December 1969, he became a patient at the 249th General Hospital, Camp
Zama, Japan, and on 8 January 1970, he was medically evacuated to the
United States and assigned to the Medical Holding Detachment, Letterman
General Hospital, Presidio of San Francisco, California.  Item 40 (Wounds)
contains an entry that indicates he received a fragment wound to the back
on 18 December 1969.
5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
Casualty Report that confirms he was seriously wounded in action on
18 December 1969, when he received a fragmentation wound to the right chest
and right lower lung while engaged in a firefight with hostile forces.  The
MPRJ also contains a Western Union Telegram, dated 19 December 1969, which
notified the applicant's parents that he had been wounded in action in the
RVN on 18 December 1969.

6.  The applicant's MPRJ also includes a copy of Headquarters, 249th
General Hospital General Orders (GO) Number (#) 247, dated 20 December
1969.  These orders awarded the applicant the PH for being wounded in
action in the RVN on 18 December 1969.  It also contains a copy of
Headquarters,
2nd Armored Division, Fort Hood, Texas, GO # 1315, dated 26 August 1970,
These orders awarded the applicant the Army Good Conduct Medal (AGCM) for
his qualifying period of honorable active duty service from 31 October 1968
through 4 September 1970.

7.  On 4 September 1970, the applicant was honorably separated after
completing a total of 1 year, 10 months, and 4 days of active military
service.  The DD Form 214 he was issued shows that during his active duty
tenure, he received the National Defense Service Medal, Vietnam Service
Medal (VSM) with 2 bronze service stars, RVN Campaign Medal, Combat
Infantryman Badge, and Marksman Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with while serving in the RVN.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 3rd Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.  It also confirms that
during the applicant's tenure of assignment, campaign credit was granted
for the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam
Winter-Spring 1970 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  The evidence of record confirms the applicant was
wounded in action in the RVN on 18 December 1969, and as a result, he was
awarded the PH by proper authority.  His record also shows that he was
awarded the AGCM for his qualifying period of honorable active duty service
from 31 October 1968 through 4 September 1970.

2.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, he is also entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and
3 bronze service stars with his Vietnam Service Medal.  Therefore, it would
also be appropriate to add these awards to his records at this time.

BOARD VOTE:

___WDP_  __MNT  _  __WFC _  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 he was awarded the Purple
Heart and Army Good Conduct Medal by proper authority, and that he is
entitled to Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and 3 bronze service stars with his Vietnam Service Medal; and by providing
him a correction to his separation document that includes these awards.




                            _____William D. Powers____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017976                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Conv of Govtm (Early Release for School)|
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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