RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 August 2006
      DOCKET NUMBER:   AR20060000307


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 he be awarded the Purple Heart.

2.  The applicant states that he was wounded by shrapnel in Vietnam and was
treated for those wounds and he desires to be awarded the Purple Heart.

3.  The applicant provides copies of documents from his personnel and
medical records to show that he was treated for shrapnel wounds in Vietnam.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 November 1970.  The application submitted in this case is
dated 27 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 was inducted in Milwaukee, Wisconsin, on 8 April 1969.
He completed his basic combat training at Fort Campbell, Kentucky, and his
advanced individual training (AIT) as a grader operator at Fort Leonard
Wood, Missouri.

4.  Upon completion of his AIT he was transferred to Vietnam on 9 September
1969 and was assigned to Company A, 39th Engineer Battalion (Combat), where
he performed the duties of a heavy dump truck driver, tractor operator,
dozer operator and loader operator.  He was advanced to the pay grade of E-
4 on 21 December 1969.

5.  On 22 September 1970, the applicant was treated at the 27th Surgical
Hospital for the removal of fragmentation wounds to the left clavicle.  His
wound was irrigated and debrided under local anesthesia and he was returned
to duty.  His name is contained on the Vietnam Casualty Listing as a
hostile fire casualty; however, there is no evidence that he was ever
awarded the Purple Heart.

6.  On 8 October 1970, he was awarded the Army Commendation Medal (ARCOM)
for the period of November 1969 to November 1970.

7.  He departed Vietnam on 2 November 1970 and was transferred to Fort
Lewis, Washington, where he was honorably released from active duty
(REFRAD) on 3 November 1970 as an early overseas returnee.  He had served 1
year, 6 months and 26 days to active service and his report of separation
(DD Form 214) issued at the time of his REFRAD shows that he was awarded
the National Defense Service Medal, the Vietnam Service Medal (VSM), the
Republic of Vietnam Campaign Medal and the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal –
First Class (RVNCAHM-FC) Unit Citation and the Meritorious Unit
Commendation (MUC) for the period he served with the unit.  Additionally,
he participated in four campaigns during his assignment to Vietnam and is
entitled to wear four bronze service stars on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant sustained
shrapnel  wounds in Vietnam and that he was treated by medical personnel at
the time; however, it appears that an administrative oversight resulted in
his not being awarded the Purple Heart.

2.  Therefore, it would be in the interest of justice to award him the
Purple Heart for wounds received as a result of enemy action in Vietnam on
22 September 1970, while serving in the rank of specialist four.

3.  It is also noted that the applicant was awarded the ARCOM for his
meritorious service in Vietnam and that award was not included on his DD
Form 214 at the time of his REFRAD.  Accordingly, it would be appropriate
to do so at this time.

4.  Additionally, the evidence of record also establishes that the
applicant is entitled to awards of the RVNGC w/Palm Unit Citation, the
RVNCAHM-FC Unit Citation, the MUC and four bronze service stars for wear on
his already awarded VSM.

BOARD VOTE:

___SP __  ____RL _  ___JH___  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 awarding him the Purple Heart for
wounds received as a result of enemy action in Vietnam on 22 September
1970, while serving in the rank of specialist four, and awarding him the
RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the MUC, four
bronze service stars and by adding the award of the ARCOM to his records
with all authorized awards.




                            ______Shirley Powell_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000307                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19701103                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, Sec VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0020              |66/arcom                                |
|3.107.0094              |140/rvngc                               |
|4.107.0095              |141/rvncahm                             |
|5.107.0034              |80/muc                                  |
|6.                      |                                        |


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