RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20050018116


      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. Andrew C. Jacobs              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald 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, in effect, award of the Purple Heart.

2.  The applicant essentially believes that the fact that he wasn’t awarded
the Purple Heart was due to an oversight on the part of his commander at
the time.

3.  The applicant provides a copy of a Department of the Army (DA) Form
8-275-3 (Clinical Record Cover Sheet); a letter from the National Personnel
Records Center; a letter from the Mississippi County, Arkansas Veterans
Service Office; and a letter from a Mississippi County, Arkansas Veteran
Service Officer in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 August 1974, the date of his discharge from the United States
Army.  The application submitted in this case is dated 28 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 records show that he was inducted into the Army of the
United States on 4 October 1966.  He completed basic and advanced
individual training and was awarded military occupational specialty 11B
(Light Weapons Infantryman).  On 6 April 1967, he departed for a tour in
the Republic of Vietnam. He was initially assigned to Company B, 4th
Battalion, 9th Infantry Regiment, 25th Infantry Division, then on 6 August
1967, he was reassigned to Company C, 2nd Battalion, 12th Infantry
Regiment, 25th Infantry Division.  On 25 August 1967, he was reassigned to
Company D of the same battalion.  He departed Vietnam on 31 March 1968 and
returned to the continental United States.  He served at Fort Hood, Texas
until his was released from active duty on 3 October 1968, which was the
end of his active duty commitment.  He was transferred to the United States
Army Reserve, and remained in this status until he enlisted in the United
States Army on 14 January 1970.  He completed advanced individual training
and was awarded MOS 98C (Signal Intelligence Analyst).
4.  After serving a 1-year tour in Germany, he departed for his second tour
in Vietnam.  He initially served with Headquarters and Headquarters
Company, 224th Aviation Battalion.  On 16 March 1972, he was reassigned to
Company D, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade,
where he served until he departed Vietnam on 21 June 1972 and returned to
the continental United States.  He was again assigned to Fort Hood, Texas,
and served there until he was honorably discharged on 1 August 1974.  The
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) that was issued at the time of his discharge shows that he was
awarded the Bronze Star Medal, the Army Good Conduct Medal, the National
Defense Service Medal, the Vietnam Service Medal with one silver service
star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge,
and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant’s DD Form 214 does not show that he was awarded the
Purple Heart.  There are also no orders in the applicant’s military records
showing that he was awarded the Purple Heart.  However, the applicant
provided a Clinical Record Cover Sheet which was completed at the 24th
Evacuation Hospital in Long Bin, Vietnam.  This form clearly shows that he
sustained penetrating wounds from grenade fragments during a firefight on 3
November 1967, and that he was treated by medical personnel for those
wounds.  Item 19 (Date of Admission) of this form shows that the applicant
was admitted on 9 November 1967, and Item 27 (Days Duration This Facility)
shows that he spent 4 days in the hospital.  This form also essentially
shows that his nature of disposition was changed from a “Duty” status on 13
November 1967.  Item 25 (Selected Administrative Data) of this form
contains the statement, “Purple Heart not awarded this station.”  There is
also an entry on the Vietnam Casualty Roster which shows that the applicant
was wounded in action on 3 November 1967.

6.  During a review of the applicant’s records, it was determined that he
is entitled to additional awards and decorations that are not shown on his
DD Form 214.

7.  The applicant’s DD Form 214 shows that he was awarded the Bronze Star
Medal.  However, there are two orders in his military records which awarded
him the Bronze Star Medal.  Headquarters, 25th Infantry Division General
Orders Number 3071, dated 19 April 1968, awarded the applicant the Bronze
Star Medal for meritorious service in connection with military operations
against a hostile force from March 1967 to March 1968.  Headquarters, 196th
Infantry Brigade General Orders Number 02759, dated 16 June 1972, awarded
the applicant a second Bronze Star Medal for meritorious service in
connection with military operations against a hostile force from 29
September 1971 to 31 May 1972.

8.  The applicant’s DD Form 214 does not show that he was awarded the Air
Medal. However, Headquarters, 196th Infantry Brigade General Orders Number
02417, dated 5 June 1972, awarded the applicant the Air Medal for
meritorious achievement while participating in aerial flight from 28 March
1972 to 3 June 1972.

9.  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 that at the time of the
applicant’s assignment to the 25th Infantry Division, the division was
cited for award of the Meritorious Unit Commendation by Headquarters
Department of the Army General Orders Number 37, dated 1970.  It also shows
that at the time of the applicant’s assignment to Company B, 4th Battalion,
9th Infantry Regiment, the unit was cited for award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department
of the Army General Orders Number 48, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters
Department of the Army General Orders Number 51, dated 1971.  It further
shows that at the time of the applicant’s assignment to the 2nd Battalion,
12th Infantry Regiment, the unit was cited for award of the Valorous Unit
Award by Headquarters Department of the Army General Orders Number 48,
dated 1968.  Additionally, it shows that at the time of the applicant’s
assignment to Headquarters and Headquarters Company, 224th Aviation
Battalion, the unit was cited for award of the Meritorious Unit
Commendation by Headquarters Department of the Army General Orders Number
32, dated 1973.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam
Service Medal with one silver service star to signify participation credit
in five campaigns.  Army Regulation 600-8-22 (Military Awards) prescribes
Army policy and criteria concerning individual military awards.  Paragraph
2-13 contains the regulatory guidance on the Vietnam Service Medal.  It
states in pertinent part, that a bronze service star is authorized with
this award for each Vietnam campaign a member is credited with
participating in.  Table B-1 contains a list of Vietnam campaigns, and it
shows that during his assignment in Vietnam, the applicant was credited
with participating in six campaigns:  the Vietnam Counteroffensive Phase II
campaign; the Vietnam Counteroffensive Phase III campaign; the TET
Counteroffensive campaign; the Consolidation I campaign; the Consolidation
II campaign; and the Vietnam CEASE-FIRE campaign.

11.  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 a result of hostile action, that the wound must have required
treatment by a medical officer, and that the medical treatment was made a
matter of official record.  This regulation also provides that there are no
time limitations on requests for award of the Purple Heart.

12.  United States 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.

13.  Paragraph 3-15 of Army Regulation 600-8-22 states, in pertinent part,
that the Air Medal is awarded to any person who, while serving in any
capacity in or with the U.S. Army, will have distinguished himself or
herself by meritorious achievement while participating in aerial flight.
Awards may be made to recognize single acts of merit or heroism, or for
meritorious service.

14.  Paragraph 2-13 of Army Regulation 600-8-22 states, in pertinent part,
that the Vietnam Service Medal was established by Executive Order 11231, 8
July 1965. It is awarded to all members of the Armed Forces of the United
States serving in Vietnam and contiguous waters or airspace thereover from
3 July 1965 to 28 March 1973, both dates inclusive.  It also essentially
states, in pertinent part, that one bronze service star is authorized for
each campaign that a Soldier participated in.  Paragraph 6-7 of the same
regulation states, in pertinent part, that the service star is a bronze or
silver five-pointed star 3/16-inch in diameter, and that a silver star is
worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  Evidence of record clearly shows that the applicant was wounded as a
result of hostile action, and that he received medical treatment for his
wounds, which were made a matter of official record.  Therefore, he is
entitled to award of the Purple Heart, and correction of his records to
show the award of the Purple Heart.

3.  The applicant was awarded two Bronze Star Medals, only one of which is
shown on his DD Form 214.  Therefore, he is entitled to correction of his
military records to show the award of the Bronze Star Medal with First Oak
Leaf Cluster.
4.  The applicant was awarded the Air Medal, which is not show on his DD
Form 214.  Therefore, he is entitled to correction of his military records
to show the award of the Air Medal.

5.  General orders awarded the Valorous Unit Award to the 2nd Battalion,
12th Infantry while the applicant was assigned to this unit.  Therefore, he
is entitled to award of the Valorous Unit Award, and correction of his
military records to show this unit award.

6.  General orders also awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation to the 4th Battalion, 9th Infantry Regiment
while the applicant was assigned to this unit.  Therefore, he is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and correction of his military records to show these unit awards.

7.  General orders also awarded the Meritorious Unit Commendation to both
the 25th Infantry Division and to Headquarters and Headquarters Company,
224th Aviation Battalion while the applicant was assigned to these units.
Therefore, he is entitled to correction of his military records to show the
award of the Meritorious Unit Commendation with First Oak Leaf Cluster.

8.  The applicant participated in six campaigns during his two tours in
Vietnam; therefore, he is entitled to correction of his military records to
show one silver service star and one bronze service star to be affixed to
his Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error now
under consideration on 1 August 1974; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 31
July 1977.  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 that there are no time limitations on requests for award of the
Purple Heart, and the relief being granted in this case.







BOARD VOTE:

__MP ___  ___MF __  ___GP__  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
against the enemy on 3 November 1967 in Vietnam while serving as a
specialist four;

      b.  showing the award of the Bronze Star Medal with First Oak Leaf
Cluster, and the Air Medal;

      c.  awarding him the Valorous Unit Award, the Meritorious Unit
Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation; and

      d.  showing one silver service star and one bronze service star to be
affixed to his Vietnam Service Medal.




                            ____Margaret Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018116                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19700921                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |107.0018.0000                           |
|4.                      |107.0033.0000                           |
|5.                      |107.0034.0000 (2)                       |
|6.                      |107.0094.0000                           |
|7.                      |107.0095.0000                           |
|8.                      |107.0073.0000 (addtl campaign credit)   |
|9.                      |110.0400.0000                           |


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