RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060001203


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Jonathan K. Rost              |     |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, correction of his records to show
award of the Purple Heart.

2.  The applicant states, in effect, that he received the Purple Heart for
wounds received in action on 23 February 1969 while serving in Vietnam;
however, his discharge document does not show the award.

3.  The applicant provides a copy of his Purple Heart Certificate, dated
23 February 1969, and a Western Union Telegram, dated 27 February 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 October 1969, the date of his separation from active duty.
The application submitted in this case is dated 10 January 2006.

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 military service records show that he enlisted in the
U.S. Army on 6 March 1967.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He was
subsequently reclassified and awarded MOS 76S (Automobile Repair Parts
Specialist).

4.  The applicant's military service records show that he was assigned to
the 540th Supply Company in Vietnam from 4 August 1968 through 27 August
1968. He was then assigned to the U.S. Army Depot, Qui Nhon, U.S. Army
Support Command (Vietnam) from 28 August 1968 through 9 October 1969.  He
was honorably separated from the U.S. Army on 13 October 1969 after serving
on active duty for a total of 2 years, 7 months, and 8 days.


5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) issued at the time of his separation, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the National Defense
Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal,
Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar,
and 2 Overseas Service Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 29
July 1968 through 12 October 1969.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase V
campaign.

7.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart.  His DA Form 20 does not show an
entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and
Decorations).  However, the applicant's records contain a copy of
Headquarters, U.S. Army Vietnam, casualty message, date-time group 260916Z
February 1969, which shows, in pertinent part, that the applicant was
wounded in action in Vietnam on 23 February 1969 while on guard duty when
he came under hostile mortar attack.  In addition, the applicant's name is
listed on The Adjutant General, Casualty Division's, Vietnam Casualty
Roster, and shows that he was wounded in Vietnam on 23 February 1969.

8.  In support of his application, the applicant provides a copy of his
Purple Heart Certificate, dated 23 February 1969, and a Western Union
Telegram, dated
27 February 1969.  The Purple Heart Certificate shows, in pertinent part,
that he was awarded the Purple Heart for wounds received in action on 21
February 1969 (emphasis added) in the Republic of Vietnam.  However, the
telegram addressed to the applicant's parents, notifying them that their
son was wounded in Vietnam, in pertinent part, shows that he was wounded in
action on
23 February 1969 (emphasis added).

9.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following four campaigns:  Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, TET 1969 Counteroffensive, and Vietnam Summer-
Fall 1969.

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 that, at the time of the
applicant's assignment to the U.S. Army Depot, Qui Nhon, U.S. Army Support
Command, the unit was awarded the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters, Department of the Army, General Orders
Number 8 (1974).

12.  Army Regulation 600-8-22 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.  There is no statute of limitations governing requests
for award of the Purple Heart.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

14.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
and provides a copy of his Purple Heart Certificate and Western Union
telegram as documentary evidence in support of his claim.

2.  The preponderance of the documentary evidence of records shows that the
applicant was wounded in Vietnam on 23 February 1969 as a result of hostile
action.  Therefore, he is entitled to correction of his records to show
award of the Purple Heart.

3.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.
4.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 October 1972.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is no statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

__SAP___  __JKR__  __DKH__  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 the applicant the Purple Heart for wounds received in
action on 23 February 1969 in the Republic of Vietnam;

      b.  issuing the applicant a "corrected" DA Form 4980-10 (Purple Heart
Certificate) for wounds received in action on 23 February 1969 in the
Republic of Vietnam;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Purple Heart, Vietnam
Service Medal with 4 bronze service stars, and Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                            ____Susan A. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001203                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19691013YYYYMMDD                        |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]