RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060000274


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 he was wounded during the Vietnam War.  He
contends that he received shrapnel wounds while jumping out of a helicopter
and that he still has fragments in his body.  He also contends that while
serving as a point man on a patrol under attack, his unit received a lot of
flying fragments that hit his face and body.  He further contends that he
injured his back after he was forced to jump from a helicopter, which was
engaged in gunfire, with his heavy gear on and landing on the hard ground.


3.  The applicant provides a statement, dated 5 December 2005, from a
fellow Soldier at the time in question; a copy of his DD Form 214 (Report
of Transfer or Discharge); documentation from the Department of Veterans
Affairs (DVA); a radiological report, dated 29 September 2004; and a
Disabled American Veterans card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 April 1971.  The application submitted in this case is dated 12 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 enlisted on 15 April 1968 for a period of 3 years.  He
arrived in Vietnam on 7 October 1968.  He served as an infantry indirect
fire crewman assigned to Troop D, 3rd Squadron, 17th Cavalry in Vietnam
from 11 October 1968 through 4 October 1969.  He arrived in Vietnam for his
second tour on
15 October 1970.  He served as an infantry indirect fire crewman assigned
to Company B, 3rd Battalion of the 506th Infantry in Vietnam from 2
November 1970 through 8 April 1971.  On 9 April 1971, the applicant was
released from active duty in the rank of sergeant after completing 2 years,
11 months, and
25 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Air Medal, the Combat Infantryman Badge, the
Bronze Star Medal, and the Army Commendation Medal as authorized awards.
It is noted that the applicant was separated from the service on temporary
records and a Soldier’s affidavit.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant provided a statement, dated 5 December 2005, from a
fellow Soldier at the time in question.  He attests that he saw the
applicant with bleeding wounds in Vietnam at the helicopter field after the
applicant returned from a mission.

8.  The applicant also provided documentation which shows he was granted
service connected disabilities from the DVA and that he has been treated
for back problems during the period July 2003 and September 2004.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

10.  Records show the applicant participated in five campaigns during his
assignments in Vietnam.

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 applicant's unit (3rd
Battalion, 506th 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 6, dated 1974.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (3rd Squadron, 17th Cavalry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 55, dated 1971.
13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device 1960.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

16.  Army Regulation 600-8-22, 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
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The Soldier’s statement provided by the applicant is not an eyewitness
statement.  The documentation provided by the applicant does not show that
his back problems were the result of hostile action in Vietnam.  In the
absence of orders or any other evidence which shows the applicant was
wounded or treated for wounds as a result of hostile action in Vietnam, the
Soldier’s statement and the documentation provided by the applicant are not
sufficient as a basis for an award of the Purple Heart.  Therefore, there
is insufficient evidence on which to base award of the Purple Heart in this
case.

2.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with Device 1960.

3.  The applicant was separated in the rank of sergeant with almost three
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 15 April 1968 through 9 April 1971
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in five campaigns during his assignments in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

5.  The applicant's units received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to them.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 9 April 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 8 April 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:

________  ________  ________  GRANT FULL RELIEF

JA_____  __DD___  __JH______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 first award of the Good Conduct Medal for the
period 15 April 1968 through 9 April 1971; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Republic of Vietnam Campaign Medal with Device
1960, the Vietnam Service Medal with one silver service star, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.



                            ___James Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000274                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|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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